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The following Rules are chiefly taken from the Rules and Standing Orders of the Imperial Parliament. The Index contains references not only to the Rules, but also to May's Law of Parliament in support of each Rule, and on many other points. It embraces likewise references to such of the Imperial and Canadian Statutes as have a bearing on the constitution of the Legis- lative Council, aa well as quotations from the Journals of both Houses, calculated to elucidate the various forms of proceeding observed in the Upper House of Parliament. 20th September, 1858. Report of i\t Btltd Committee 1 AProiITTlD TO IXAMIHS THl RULES AND STANDING ORDERS Of THB J LEGISLATIVE COUNCIL, Committee Room, 24tli July, 1858. The Select Committee appointed to examine the Rules of this House and report such amendments and alterations as may be deemed necessary, beg leave to report : Your Committee submit herewith a Book of the Rules, Orders, and Forms of Proceeding of the Upper House of the Parliament of Canada ; with an Index, embracing references to the Journals of your Honorable House and of the Legislative Assembly, as well as to the well-known Treatise of "May on the Law, Privileges, Proceedings, and Usage of Parliament." These works have been prepared with great care and ability, by Robert Le Moine, Esquire, Deputy and Assistant Clerk of your Honorable House ; and although this session is now too far ad- vanced to admit of their being fully considered before its close, your Committee present them in the hope that such attention may be given to them during the recess, by Honorable Members, as may materially conduce to the amendment of the Rules in the course of next session. All which is respectfully submitted. JAS. PATTON, Chairman. CONTENTS Of TH> links, #rbm, anb Jforms of ^rocttbmg OV TBI UPPER HOUSE OF PARLIAMENT. I. PbOCBBDIVOS ok THS 0FBHI9O 07 A NbW PaBLIAHIKT 9 II. PBOciBDiHaa oir thb Pbobooatiob o* Pabliahbht 12 III. SiTTIBa AHD ADJOUBHHBBT OF THB HOCBB 18 TV. Attbkdabcb xvd PiACBS OF Mbmbbbb 15 y. ObDBBS OF THB DAT AHD NOTICBS OF MOTIONS; MOTIONS AND QVBBTIONS le TI. AMBNDMBNn TO QVBBTIONB tO VII. BrLBS OF DBSAXB tl VIII. DnriBioNB 25 IX. COVHITTBBS OF in WHOLB 26 X. Sblbct Coumittbbs 28 XI. iNBTBrCTIONB TO OOMIOTTBBB 30 XII. WlTNEBBBS 80 XIII. ME88AOSS BBTWBBN THB TWO HOUBBB 88 XIV. Mesbaobs fboh Hib Excbllbnct 38 XT. CONFBBENCBB 84 XYI. ADDBBBSBB TO THB CBOWN OB ITS Bbpbbbbbtatitb 86 XVII. PXTBLIO Fbtitionb 87 XVIII. Fbtitionb fob Pbitatb Biixb 88 XIX. Pubuo BiLis 80 XX. Pbivatb BitLB 44 XXI. BlLI.8 OF DiVOBOB 48 XXII. ACCOtTNTS AND PAFBBS 60 XXIII. SUPPIT, AND WATB and MBANB 61 XXIV. MiSCELLANBOlTS 63 XXV. Constitution of ihb Hocsx and Eibctobai Ditisioni 68 i\. ; -^ -'1 /l„,' !• i'l EuLES, Orders, and Forms of Proceeding Of -■--,..■■ t lp]|U Jff«8« THE PARLIAMENT OE CANADA. I. PROCEEDINGS ON THE OPENING OF ANEW PARLIAMENT. 1. At the beginning of a Parliament, the Members meet in Members - . , convened the Legislative Council Chamber. Prayers are said; the and sworn. Speaker and the Members present take and subscribe the oath or affirmation prescribed by law, and when a periodical election has taken place, the Clerk of the Crown in Chancery delivers to the Clerk a list of the names of the Members returned, who are introduced, and take and subscribe the oath provided by the Act 19 and 20 Vict., cap. 140. 2. His Excellency the Governor General, or the Administra- His Excel- tor of the Government, being come and seated in the chair, on d^dwnand^ the Throne, the Speaker commands the Gentleman Usher of the ^^^ attend- ance of the Black Rod to let the Assembly know "it is His Excellency's ^^embiy. pleasure they attend him immediately in this House ;" who being come, are informed by the Speaker « that His Excellency does not think fit to declare the causes of his summoning Parliament until a Speaker of the Legislative Assembly is chosen/* and His Excellency appoints an hour, generally the next day, when he will make the said causes known. B ^i 10 PROCEEDINGS ON THE Anembly ftttends and 8. On the day appointed, His Excellency being again seated Sp«i£er in the chair, on the throne, the Assembly are commanded to claima accuBtomed attend ; And the Speaker elect addressing His Excellency, in- forms him that the Assembly have elected him their Speaker, and in the name and on behalf of the Assembly, lays claim to their ancient and undoubted rights and privileges, especially freedom of speech, access to his Excellency's person, and that the most favorable construction may be put on their proceedings. The Speaker of this House addressing himself to the Speaker of the Legislative Assembly, declares that His Excellency grants, and, upon all occasions, will recognize and allow their Opening of constitutional rights and privileges. And then His Excellency opens the Session by a gracious Speech \o both Houses. His Excellency having retired, some bill is read pro formd; the speecii from the throne is reported, and ordered to be taken into consideration on a future day, and printed. Subsequent Sessions. 4. At the beginning of every subsequent session, during the same Parliament, prayers are said and new members are intro- duced and sworn ; some bill is likewise read pro formd; and the speech from the throne is reported and ordered to be taken into consideration on a future day, and printed. Committee ^' '^^® Committee of privileges is appomted, consisting of flppointedr ^ ^'^ members then present, or to be present during the session, and sits in the House, the Speaker being in the chair, at the table. 6. Standing Committees are next appointed to superintend ^""^ totoir* the printing of the House ; to peruse and perfect the journals, and to examine and report upon the contingent accounts of the Legislative Council. 7. The House, on the day appointed, proceeds to take the tioa of the speech into consideration j a resolution is moved for an Address >op3ccn* * to His Excellency in answer thereto, and is adopted^ with or ■i OPENING OF A NEW PARLIAMENT. 11 without amendment, the question being put on each paragraph separately. A Committee is appointed to draft an Address ; Addnn >«• they retire and presently report the address, which is adopted, "**"'**"• ordered to be engrossed, to be signed by the Speaker, and pre- sented by the whole House. The members of the Executive Council, being members of the House, are ordered to report the time when His Excellency will be pleased to be attended with the address. 8. At the opening of each session, the Librarian reports to the House, through the Speaker, the actual state of the Library. 9. The Law Clerk's report on the expiring Laws, is also laid on the table by the Speaker. 10. On the second Friday after the commencement of each session, the House is called, and notice is taken of such Life Members as are absent without the permission of Her Majesty or of the Governor of this Province, signified to the House ; and on this occasion the Committee of privileges reports to the House the names of such Legislative Councillors as may have died since the last session, or who may appear to have vacated their seats by absence or otherwise. (JSSSSBBf-) 11. At the commencement of every session, the Clerk is to lay before the Committee on Contingent Accounts, on the day following its appointment, and as often as he may require an advance of money, a detailed account of his disbursement?, since the last audit, with vouchers in support thereof. Librarian's report. Law Olerk's Report. Call of the House and report of Committee of privi« leges. OlerVs M- ooonts. 12 PROmOGATION OF PARLIAMENT. •<.! Royal Assent. Beacrved Billa. II. PROCEEDINGS ON THE PROROGATION OF PARLIAMENT. Prorogation. 12. When His Excellency thinks fit to prorogue Parliament, his intention so to do is signified to the House, and on the day appointed. His Excellency being seated in the chair, on the throne, the Assembly are commanded to attend. The Clerk of the Crown in Chancery reads the title of each Bill, iivhich has not already received the Royal Assent during the session, and the Royal Assent is signified to both Houses by the Clerk of the Upper House. 18. The Clerk of the Crown next reads the titles of the reserved Bills, and the Clerk of the House signifies to both Houses that they are reserved for the signification of Her Majesty's pleasure thereon. , . Money Bill* 14. Then t'he Speaker of the Assembly, in presenting at the el's address^ Bar, the money Bills for the Royal Assent, addresses His Ex- cellency concerning the said Bills and other important matters which may have engaged the attention of Parliament during the session, and delivers the said Bills to the Clerk to be presented for Royal Assent. After His Excellency's gracious speech to both Houses, the Speaker signifies His Excellency's will and pleasure that this Parliament be prorogued, and it is accordingly prorogued to a day named. 15. Parliament is afterwards prorogued by proclamation, every forty days, until convened for the despatch of business, which must be done within the twelve months of its last meet- ing, and upon sufficient notice by proclamation. Further proroRa- tions. I' 'i SITTING AND ADJOURNMENT OF THE HOUSE. 13 Hour of meeting. III. SITTING AND ADJOURNMENT OF THE HOUSE. 16. The time for the ordinary meeting of the House is at three o'clock, p. m., unless some other time shall have heen agreed upon. 17, Prayers are read hy the Chaplain every day at the meet- prayen. ing of the House, before any business is entered upon, and with closed doors. 18. Any communication of a private nature is made to the House after prayers, and before the doors are opened. 19. The Speaker then orders the doors to be opened ; and, if thirty minutes after the hour of meeting, ten members, including Speaker, are not present, he will take the Chair and adjourn till the next sitting day ; the names of the members present are taken down by the Clerk, and the doors are always opened when the Speaker is engaged in counting the House. 20. After the House has proceeded to business, it may con- tinue so to do, although less than ten members be present, until notice be taken thereof. Private oommuni" mtiona. Doors opened. Qnorum. Bndnem may oonti* nue without a quorum. 21. If it appear, on notice being taken, that ten members are Want of a quorum, not present, the members who may be in the adjoining rooms being summoned, the Speaker adjourns the House as above, without a question first put. 22. If it appear, on notice being taken, or on a division, cr On a divi- sion or after after a report from a Committee of the whole House, that ten • report. members are not present, before the expiration of the thirty minutes from the hour of meeting, business is suspended until ten members are present ; and, at the expiration of the thirty minutes, the Speaker again counts the House, when, unless ten members be present, he adjourns until the next '^itting day. I' 14 SITTING AND ADJOURNMENT OF THE HOUSE. Hoiue site till itix o'clock. Busitiem if not disposed of. No aittinff on Saturday Exception. House ad> joumn it- self, except in certain cases. Strangers taken into custody. 23. The House sits until six o'clock, unless previously ad- journed ; and at six o'clock precisely (excepting during a divi- sion), notwithstanding there may be business under discussion, or the House may be in Committee, the Speaker takes the Chain and adjourns until half-past seven o'clock, when business is re- sumed and continued until a regular adjournment takes place. 24. The business under discussion, and any business not dis- posed of at the time of an adjournment, stands as orders of the day for the next sitting day. 25. The House does not usually sit on Saturday ; and, when it adjourns on Friday, it stands adjourned till the Monday fol- lowing. 26. When public business requires that there be a sitting on Saturday, it is resolved that when the House adjourns, it do stand adjourned until to-morrow, or Saturday, at an hour named. 27. Except in the cases mentioned in Nos. 19, 21, 22, 23, the Speaker is not to adjourn without leave of the House, and upon motion made and seconded. 28. The Black Rod, or the Sergeant~at-Arms, are to take into their custody any stranger who shall misconduct himself, or shall not withdraw, when ordered so to do, while the House, or a Committee of the whole House, is sitting ; and no person so taken into custody, is to be discharged without the special order of the House. No member 29. No member of the House is to presume to bring any 8trangei-8 in stranger, in any part of the House appropriated to the members, parts. while the House, or a Committee of the whole House, is sitting. Minutes of ^®' '^^^ deliberation-- of the House are taken down by the fngs.^**^' Clerk, at the table, and printed daily, under the directions of the Speaker, for the use of members, as the " Minutes of Pro- ATTENDANCE AND PLACES OF MEMBERS. 15 ceedings" of the House. After due revision, they are struck o£F and bound as the Journals of the Legislative Council. li 81. Any member may, at any time, desire the House to be ^oue cleared of strangers ; and the Speaker gives immediate directions for the execution of the order, without debate. > IV. ATTENDANCE AND PLACES OF MEMBERS. 82. Every Member is bound to attend the service of the House, unless leave of absence be given by the House : or by Her Majesty or the Governor to Life Members. (Vide Nof . 10, an) 88. Leave of absence is given by the House to any member, on account of his own illness, or of the illness or death of a near relation, or of urgent business, or for other sufficient cause, to be stated to the House. 84. A member is excused from service in the House, or on any Committee, so long as he has leave of absence. 85. Any member may move for a Call of the House, and the order for calling over the House on a future day, is set down as an order of the day, for the day so appointed. 86. The names of all members who do not answer when called, are taken down by the Clerk, and are subsequently called over a second time ; when, those who answer, or afterwards attend in their places on the same day, are ordinarily excused. 87. A member having secured a seat at prayers, is entitled to retain the same until the final adjournment of the House, on that day. 88. Every member sits uncovered, and when entering the House is to give and receive salutations from the rest, and before Member! bound to attend. Leave of absence. Members ezciued. Motion for Call of the House- Absent Members. Seats secured Salutations and obeisances. 16 ORDERS OF THE DAY AKD NOTICES. ■I ' Ml Front desks for Minis- ters. Not to pass before tne Oliair. Meabers speaking. Title of Honorable' sitting down, or when he n^ust needs go across the room> he has to make an obeisance to the Throne. . • ..^'■■■I'.^.-.ri •..,.. 89. The front desks, on the right hand side of the throne, are allowed to the Executive Councillors. 40. No member is to pass between the Chair and any mem- ber who is speaking, nor between the Chair and the table. 41. If a member has occasion to speak with another while the House is sitting, they go below the bar, or else the Speaker stops the business under discussion. 42. It is Her Majesty's pleasure that the members of the Legislative Council enjoy the distinction of " Honorable." Ordinary business. il ^ Orclersof the Day. II Their pre- cedence. How dis. posed of. n -1 i, V. ORDERS' OF THE DAY AND NOTICES OF MOTIONS ; MOTIONS AND QUESTIONS. 43. The ordinary business of each day consists of Orders of the Day and Notices of Motions. 44. An Order of the Day is a Bill or other matter which the House has ordered to be taken into consideration on a particular day. 45. The relative precedence of Orders of the Day and of Notices of Motions is prescribed by Standing Orders of the House, and by other orders made from time to time. 46. The Orders of the Day are to be disposed of in the order in which they stand upon the paper ; the right being reserved to the Ministers of placing Government Orders in the rotation in which they desire them to be taken up, when Government days are appointed. MOTIONS AND QUESTIONS. 17 47. All dropped Orders of the Day are to be set down, in the ^pp^ order book, after the Orders of the Day for the next day on which the House shall sit. 48. The order of business of the House proceeds each day Order of buttlueas. with: 1. Private business, with closed doors ; 2. Presenting and reading Petitions ; 3. Notices of Motions ; 4. Unopposed Mo- tions ; 5. Reports from Committees ; Orders of the Day and Motions as set down in the Order Book. 49. Every member, in giving Notice of Motion, is to deliver Notices, . . how given. at the table a copy of such Notice, fairly written, together with his name and the day proposed for bringing on such motion, and to allow at least one intervening day to elapse between the notice and the day fixed for the motion. 50* Every Notice of Motion is printed and circulated with To be printed. the Minutes of Proceedings, on the day it is given, and on the lUTIONS ; ■ day previous to that appointed for its consideration. 51. After a Notice of Motion has been given, the terms Wording may lie thereof may be altered by the member, on delivering at the altered. table an amended notice on the day before that appointed for its consideration. 52. A Notice of Motion, or an Order of the Day, may be Maybepost- poned only, postponed, but ought not to be fixed for an earlier day than the one originally appointed. 53. Every motion is to be read in English and in French by Motions •^ ° ^ readlnboth the Speaker, or by the Clerk, in the language the Speaker is not ia"«"age8. conversant with. 54. An urgent motion, directly concerning the privileges of Urfrent • o i o motions the House, will take precedence of other motions, as well as of t»^e prece- Orders of the Day. 55. A motion may be made by leave of the House, without Made with* out notice. previous notice. 18 MOTIONS AND QUKBTIONS. m^ m ii:;l I Dropped if not Mconded. 56. Any motion not seconded may not be Airther debated;! but is forthwith dropped, and no entry thereof made in the| minutes. Withdrawn. 57, A member who has made a motion, may withdraw thel same, by leave of the House, such leave being granted withoutj any negative voice. Moved again. Motion of abjourn- ment when repeated. Prefaced motions. Questions superseded. Previous question resolved in afibmative. 58. A motion which has been, by leave of the House, with-j drawn, may be made again during the same session. 59. A motion for adjournment cannot be repeated unless] some other motion has intervened. 60. A motion prefaced by a written preamble is not received. 61. A question maybe superseded — 1. By the adjournment of the House, either on the motion of a member, " That this | House do now adjourn ;" or on notice being taken, and it appear- ing that ten members, including the Speaker, are not present ; 2. By a motion that "the Orders of the Day be now read;" 3. By the previous question, viz., " That this question be now put," being proposed and negatived. 62. If the previous question be resolved in the affirmative, the original question is to be put forthwith, without any amendment or debate. Superseded 63. A question for reading the Orders of the Day, and also by adjourn- ment. « the previous question," may be superseded by the adjournment Debates interrupted. of the House. 64. The debate upon a question may be interrupted — 1. By a matter of privilege suddenly arising ; 2, By words of heat between members ; 3. By a question of Order; 4. By a special message from the Assembly ; 5. By a motion for reading an Act of Parliament, an entry in the Journal, or other public document, relevant to the question before the House. MOTIONS AND QUESTIONS. 19 i not received. 6&. The House may order a coinplir<*ied question to be compUoatcd divided. divided. 66. So soon as the debate upon a question is concluded, the Question put. Speaker puts the question to the House, and repeats it, if the same be not heard. "^ ^ L 67> A question beinar put, is resolved in the affirmative, or Resolved by ^ Of' majority of negative, by the majority of voices, " Content," or " Not voices. content." 68. The Speaker states whether, in his opinion, the " con- Speaker ^ * declares tents " or " not contents " have it, and unless his opinion be •n^'^rity, acquiesced in by the minority, the question is determined by a division. 69. No question or amendment may be proposed which is the Question ^ . . deeded not same in substance, as any question which, during the same ses- P"* again. sion, has been resolved in the affirmative or negative. 70. A Resolution or other vote of the House may be read and vote rescinded, rescinded. 71. An order of the House may be read and discharged. order disclurged. 72. After a question has been put, and the House has voted Members 1 • 11 1 1 1 • 1 -11 ""* *** leave thereon, no member is allowed to leave his place, until the after ques. tion put. House has entered upon some other business. 73. In voting, the " contents " rise in their places, and the Mode of " non contents " continue to sit. 74. Upon a division in the House, the names of those who Yeas and nays. vote for and of those who vote against the question, are entered upon the Minutes, if two Members require it, provided the House has not passed to other business. 75. When the Yeas and Nays are asked, the names of the How taiien. members are called by the Clerk Assistant, from an alphabetical list, and each member, as his name is called, rises in his place. 20 AMENDMENTS TO QUESTIONS. Bntering ord«n. and s«yi, "content," or "not content." The Clerk takes down each vote, pro. or eon., and then declares the result of the division. 76. The Clerk is not to enter any order until the Speaker first demands the assent of the House ; and every order must be read before it is entered. Amend* Bieiits. Must be aeconded. QiMstion bow put. "Whena later part has been smeuded. VI. AMENDMENTS TO QUESTIONS. 77. A question, having been proposed, may be amended by leaving out certain words only ; by leaving out certain words, :\ order to insert or add other words ; or by inserting or adding words. 78. Amendments proposed, but not seconded, will not be en- tertained by the House, nor entered in the Minutes. 79. When the proposed amendment is to leave out, or insert, certain words, the Speaker reads the question and says, " In amendment, it is proposed to leave out such words, or to insert tuch words, or to leave out such words and insert iuch other words ;" and the question is then put on the amendment, viz : " Is it your pleasure to adopt the amendment." 80 No amendment may be proposed in any part of a question, after a later part has been amended, or has been proposed to be amended, unless the proposed amendment has been, by leave of the House, withdrawn. No amend- 81. No amendnlent may be proposed to be made to any words ed to words which the House has resolved shall not be struck out, or shall ' be inserted in, or added to a question, except for the addition of other words thereto. Proposed amend' 82. A proposed amendment may be, by leave of the House, drawn. ' withdrawn. RULU or DKBATK. 21 83> Amendments may be proposed to a proposed amendment, Limitation as if such amendment were an original question, but thero ought ulelltt."^' • to be no amendment of an amendment to an amendment. 84. When amendments have been made, the main question, Quettion.M as amended, is put. put. 85. When amendments have been proposed, but not made. Amend* . . „ , mrntu pro- tiie question is put as originally proposed. poikhI not 86. The House may not amend its own amendment or bill, iioum ran. wlion returned, unless the amendment be immediately conse- lu^nrnond. quent on the amendment of the other House. """** VII. RULES OF DEBATE. 87- Every member desiring to speak is to rise in his place and address himself to the rest of the members, and not refer to any other member by name. 88. Members can only speak to a point of order, while the House is dividing. 89. When any question has been entirely put by the Speaker, 110 member is to speak upon the question before voting. 90. When two or more members rise to speak, the Speaker calls on the member who first rose in his place. 91. A motion may be made that any member who has risen " be now heard," or "do now speak." 92. A member may speak to any question before the House, or upon a question, or amendment, to be proposed by himself, or upon a question of order arising out of the debate ; but not otherwise. Momlxmi address other membcn. Rpcak only to order during a division. Not to speak after question put. When two members rise. Appeal to the House. Mast speak to qucfction. I- , 93. At the time of giving Notices of Motions, questions are Question to niiniNtors permitted to be put to Ministers of the Crown, relating to public "^ others. 22 RULES OF DEBATE. lilll m .1; No «rgu- mmt allowed. Nor in answeriug. Personal ex- planations. aFairs ; and to other members, relating to any Bill, Motion, or other public matter connected with the business of the House, in which such member may be concerned. 94. In putting any such question, no argument or opinion is to be offered, nor any facts stated, except so far as may be recessary to explain such question. 95. In answering any such question, a member is not to de- bate the matter to which the same refers. 96. By the Indulgence of the House, a member may explain matters of a personal nature, although there be no question be- fore the House ; but such matters may not be debated. Member not 97. No member may speak twice to a question before the to speak twice. House, except in explanation or reply, {See Nos. 98, 99.), or in Committee of the whole House, {See No. 136.) When ex- 98. A member who has spoken to a question may again be to introduce heard to explain himself, in regard to some material part of his new matter. speech ; but he is not to introduce any new matter. 99. A reply is allowed to a member who has made a substan- tive motion to the House, but not to any member who has moved an Order of the Day, an amendment, or an instruction to a Committee. Speaking to 100- Any member may rise to speak "to order," or upon a question of « . ., i i ' i order. matter of privilege suddenly arising. Reply allowed only to mover. Beading extracts. 101. Any member may read extracts from newspapers refer- ring to debates in the House. Allusion to . 102. No member is to allude to any debate of the same pastdebates , mi i • not allowed, session, upon a question, or Bill, not being then under discus- sion, except by the indulgence of the House, for personal ex- planations. Nor leading 103. No member may read, from a printed newspaper or RULES OF DEBATE. 2» book, the report of any speech made in ParliarieWb during the report ' . thereof, game session. , , 104. No member may reflect upon any vote of the House, Not to •> '^ -z reflect on except for the purpose of moving that such vote be rescinded. ^°**'* 105. No member may allude to any debate in the other Debates of other House of Parliament. House. 106. No member may use Her Majesty's, or Her Representa- Use of Her •^ . "^ "^ '^ Majesty's or tive's name irreverently in debate, nor for the purpose of in- Governor's fluencing the House in its deliberations. name. 107. No member may use oflFensive words agamst either offensive woi-ds House of Parliament, nor agamst any statute, unless for the "Wj""* purpose of moving for its repeal. House. 108. No member may use offensive or unbecoming vrords in Against reference to any member of the House. any mem- ber. 109. When any meiabci' objects to words used in debate, Words taken down. and desires them to be taken down, the Speaker, if it appear to be the pleasure of the House, will direct them to be taken down by the Clerk accordingly. 110. In a Committee of the whole House, the Chairman, if it Also in appear to be the pleasure of the Committee, will direct words objected to, to be taken down, in order that the same may be reported to the House. 111. Every such objection is to be taken at the time when ^ords such words are used, and not after any other member has when used, spoken. 112. All personal, sharp or taxing speeches are forbidden ; ijaxin- and any member ronceiving himself oflended or injured, in the fJrWdden. « House, in a committee room, or in any of the rooms belonging to the Legislative Council, is to appeal to the House for redress. ^spaper or 84 RULSS OF DEBATE. iI'M K Mr li'i' Member to ..xplain censured. House prevents quarrels. No noise or interrup- tions allowed. Member accused witlidraws. ' Debates in committees. Order maintained by Speaker. By cliair- man in committee. Speaker tal<08 no part in debates. Addresses tlic House standing. 113. Any member having used objectionable words, and not explainiag or retracting the same, or offering apologies for the use thereof, to the satisfaction of the House, rail be censured, or otherwise dealt with, as the House may ;hink fit. 114. The House will interfere to pvevent the prosecution of any quarrel between members, arising out of Debates or Pro- ceedings of the House, or any Committee thereof. 115> No member is to presume to make any noise or distur- bance whilst the House is engaged in business ; and should any member persist in so doing, the Speaker is to call upon him by name, and every such member will incur the displeasure and censure of the House. 116. Every member against whom any charge has been made, having been heard in his place, is to withdraw, when such charge is under debate. 117. The several rules for maintaining order in debate are to be observed in every Committee of the whole House. 118. Order and decorum is raaintained in the House by the Speaker, who is likewise allowed to decide questions of order, subject, in both cases, to the will and pleasure of the House. 119. Order is maintained in a Committee of the whole House by the Chairman of such Committee ; but disorder in a Committee can only be censured by the House on receiving a report. 120. The Speaker ought not to take a part in any debate, or vote in any case, unless the House be equally divided, when he is to give a casting vote, and may also give his reasons for so voting. 121. The Speaker is to^ stand uncovered when addressing the House, and when called upon to explain any point of order, or practice, he is to state the rule applicable to the case. DIVISIONS. 28 122. Wheuever the Speaker rises during a debate, any mem- Speaker ber then speaking, or offering to speak, is to sit down, and the House is to be silent. 123. If the Speaker is absent, during his absence, or if he Absence of shall have resigned, until the appointment of his successor, the House is informed of the fact, a member is requested to take the Speaker's chair for the purpose of adjournment, and the House is so adjourned, from day to day, until there be a Speaker in the chaii. VIII. DIVISIONS. 124. No member is entitled to vote in any division, unless he was present in the House when the question was put : and the vote of any member who was not so present will be disallowed. 125. Every member present in the House, when the question is put, will be required to vote. 126. When the question has been put, and after the voices have been given, the Speaker declares whether (in his opinion) the " contents " or the " non contents '* have it, which not being agreed to, he directs the Yeas and Nays to be taken. (See Nos. 74 and 75.) 127. No member is entitled to vote upon any question in which he has a direct pecuniary interest ; and the vote of any member so interested vrill be disallowed, either in the House or in a Committee. No member votes uoleEB present. Members present must vote. Speaker declared mi^oritf. Interested member not to vote. TT i- 26 COMMITTBBS OF ii h Committeet appointed. Amend- ment to question. Speaker leaves the ubair. Maoei^aced under table. Consider matters referred. Uotiona not seconded. Frevioos Siestionnot lowed. Majority decide question. SpnUnr unlimited. DisucdfiB nrising; Speaker de> cidespbint of order. IX. COMMITTEES OF THE WHOLE HOUSE. , 128. A Committee of the whole House is appointed by an order " that the bill or question be referred to a Committee of the whole House." ^ 129. The order of the day being read, an amendment may be moved that the House be put intu Committee on a future day, or " this day three," or *' six months." 130. When the order has been agreed to, or the Order of the Day read, the Speaker leaves the Chair, and names the mem- ber who is to take the Chair of the Committee. The House is then adjourned during pleasure and put into a Committee. 131. So soon as the Speaker has left the Chair, the Mace is placed under the table, and the Chairman takes the Chair of the Committee at thfe table. 132. A Committee is to consider such matters only as have been referred to them by the House. {See Noa. 164 and 167.) 133. A motion made in Committee is not seconded. 134. No motion for the previous question, or for adjourn- ment, can be made in Committee. 135. Every question in Committee is decided by a majority of voices ; and in case of an equality of voices, the Chairman gives a casting voice. 136. In Committee, members may speak more than onee to the same question; but the same order in debate is to be observed as in the House. 137. If any sudden disorder should arise in Committee, the Speaker will resume the Chair, without any question being put. 138. If &ny doubt arise as to a point of order, or other pro- ceeding, which ought to be decided by the House, the Chair- THX WHOLK HOUSE. #' man is directed to leave the Chair, report progress, and ask leave to sit again. ' 189. The Speaker will also resume the Chair, if the time S|>^«" oi>^ shall have come for holding a conference with, or for receiv- ''^'^^"^ log a Special Message from the Assembly. 140. If notice be taken, or it appear upon a division, in Com- or «» mnt mittee, that ten members are not present, the Chairman leaves the Chair, and the Speaker resumes the Chair. 141. If there be ten members when the House is counted by House amin the Speaker, the House is again adjourned during pleasure, and put into a Committee. 142. When all the matters referred to a Committee have Heport. been considered, the Chairman is directed to report the same to the House. 143. When all such matters have not been considered, the progress Chairman is directed to report progress and ask leave to sit "^^ again. 144. The House is not to be resumed without the vnanimous House , , . resumed by consent of the Committee, unless upon a question put by the unanimoiu Chairman of such Committee. 145. A motion that the Chairman do now leave the Chair, Motion that will, if carried, supersede the proceedings of a Committee. leave ohair. 146* The Resolutions reported from a Committee are read a sesoiutions first and second time, and are agreed to, or disagreed- to, by the '^'^ House, or agreed to with amendments, or re-committed to the Committee, or the further consideration thereof postponed. m n^p ':|;. IS I li It' m 28 SELECT COMMITTEES. X. SELECT COMMITTEES. t 147. Select Committees usually meet in one of tHe Com- mittee Rooms, at the option of the members, who choose their Chairman. 148. The members speak uncovered, but may sit still, if they please. 149. Members of the House, though not of the Committee, are not excluded from coming in and speaking, but they must not vote ; they sit behind those that are of the Committee. 150. No other persons, unless they are commanded to attend, are to enter at any committee or conference. 151. Lists are to be affixed in conspicuous placee^ in the lobby of the House, of all members serving on each Select Committee. < Members 152. Members may be relieved or discharged from attending added. a Select Committee, and others appointed, after a day's previous notice. Select coma mltteea. Hemben apeak un- covered. Other mem* berstnay attend. BtranKen not admit- ted. List of members ■enriDR. Members' asking aneslions. Members present. 153. To every question asked of a witness under examination, in the proceedings of any Select Committee, is to be prefixed, in the minutes of the evidence, the name of the member asking such question. 154. The names of the members present each day on the sitting of any Select Committee are to be entered on the Minutes of Evidence, or on the Minutes of the Proceedings of the Com- mittee (as the case may be) and reported to the House, on the Report of such Committee. Divisions, 155. In the event of a division taking place, in any Select Committee, the question proposed, the name of the proposer, and the respective votes thereupon of each member present, are to be entered on the Minutes of Evidence, or on the Minutes of the SELECT COMMITTEES. Proceedings of the Committee (as the case may be) and reported to the House, on the Report of such Committee. 156> Whenever, in a Select Committee, witnesses or docu- When wit- nesaeaor mentary evidence are required, the Committee Clerk is directed documenti to send a notice to the parties to that e£Fect. And where a *"*'•'*• positive order is thought necessary to enforce the attendance of a witness, or the production of documents, it emanates from the House itself, and is signed by the Clerk. 157. The Chairman of a Select Committee can only vote CMting when there is an equality of voices. 15d> A Select Committee may adjourn from time to time. A41oum* meat. 159. Except by leave of the House, no Select Committee Not to tit during may sit during the sitting of the House, as all its proceedings sitting. during that time, \iiould be declared null and void. 160. By leave of the House, a Committee may, from time to Bepori. •^ ^ ^ " flromtioM time, report its opinion or observations, or report the minutes of *<> *ime. evidence only, or proceedings. 161* The Report of a Commmittee is brought up by the iteport brought up. Chairman ; it is read by the Clerk, and dealt with as the House may direct. 162. Every member who shall introduce a bill, petition or Mover to be 1 • 1 • 1 1 <» 1 « • one of com* motion, upon any subject which may be referred to a Committee, mittee. is to be one of the Committee. 163. When the Chairman of a Select Committee presents the Presenting report. report to the House, the other members of the Committee stand up. mr ii' ,90 INSTRUCTIONS TO COMMITTEES. I I I' :' Effect of in* ttructioin. XI. INSTRUCTIONS TO COMMITTEES. , 164* An instruction empowers a Committee of the whole House to consider matters not otherwise referred to them. m"ntamiut ^®*^* Committees of the './hole House, to whom hills ipay berelevMit. j^^ committed, have power to make such amendments thereiQ as they may think fit, prpyided they he relevant to the Buhject matter of the Bill ; but if they he not within the title of the Bill, the Committee are to amend the title accordingly and report the same specially to the Houses 366. An instruction should be moTcd after the order of the day has been read for putting the House into Committee. Their effBct 167. An instruction to a Select Committee extends or re« Btricts the order of reference. Instnic- tioiu when moved. «■ -; "^tnesaes ^ow sum- ■wned. XII. WITNESSES. 168. Witnesses are summcme^ by the House in order to be examined at the Bar of the House, or before a Committee of the whole House, or a Select Committee, by orders of the House, signed by the Clerk, and if need be, are sworn at the Bar of the House by the Clerk, and are censured or punished at the plea- sure of the House, when they neglect to attend. 169> Where a witness is in the custody of the keeper of any prison, such keeper is ordered to bring the witness in safe cus- tody, in order to his being examined, as often as his attendance may be thought necessary ; and the Speaker is ordered to issue his warrant accordingly. AttendMiee 170. When the attendance of a member is desired, to be Mwitnesses. examined by the House, or a Committee of the whole House, he is ordered to attend in his place. "When In ciutody. '.:■ r. ! 'WITNESSES. m 171. If a Committee desire the attendance of a member as a Written to Tntness, the Chairman writes to request him to attend. mwi. 172. If any member of the House should refuse, upon being When they rcfUae to sent to, to come and give evidence or information, as a witness, to atteud. a Committee, the Committee ought to acquaint the House there- \rith, and not su mon such member to attend the Committee. 173. If any information come before any Committee, that chwRee chargeth any member of the House, the Committee ought only memben. to direct that the House be acquainted with the natter of such information, without proceeding further thereupon. 174. When the attendance of a member of this House, or of Attendance of oounoil* any of its officers, clerks or servants is desired, to be examined ion before *' Assembly. by the Assembly, or any Committee thereof, a message is sent by the Assembly, to request that this House will give leave to such member, officer, clerk or servant to attend ; and if this House doth grant such leave to such member, he may go if he think fit ; but it is not optional for such officer, clerk or servant to refuse. 175. When the attendance of a member of the Assembly, or or members of Assembly of an officer of that House, is desired, to be examined by the before •^ OounoiL House, or any Committee thereof, a messsage is sent to the Assembly to request that they will give leave to such member or officer to attend, in order to his being examined accordingly, upon the matters stated in such message. 176. It is a high crime and misdemeanor, and the House will ^^mpering ° with proceed with the utmost severity against any person who may 'fi'iessei. have tampered with any witness, in respect of his evidence to be given to this House, or any Committee thereof, or directly or indirectly, hath endeavoured to deter or hinder any person from appearing or giving evidence. 177. If it shall appear that any person hath given false evi- ^*|J« I M p 32 WITNESSES. lU Proteotion towit> neuM. OfBoers, &o. Attending before Aawmbly. Witnesses examined at the bar. Qnestions fut by ter. And reduced to writing. Witness withdraws. Examina- tion of councillors. Of members or judges. dence in any case before the House, or any Committee thereof, the House i«»l proceed with the utmost severity against such offender. 178. All witnesses examined before the House, or any Com- mittee thereof, are entitled to the protection of the House, in respect of any thing that may be said by them in their evidence. 179. No officer or clerk of the House, or short-hand writer, employed to take minutes of evidence before this House, or any Committee thereof, may give evidence elsewhere in respect of any proceedings, or examination had at the Far, or before any Committee of the House, without the special leave of the House. 180. When a vritness is examined by the House, or a Com- mittee of the whole House, the bar is kept down. 1§1. The Speaker examines the witness, the mace being on the table ; and the members, or the counsels, are not to put any questions otherwise than through the Speaker. 182. Each question is reduced to writing, and is read to the witness by the Clerk Assistant ; the answers are taken down by the Clerk of Committees. 183. If any question is objected to, or other matter arise, the witness is ordered to withdraw, while the same is under discus- sion. 184. A member of the House is examined in his place. 185. A member of the Assembly, or a Judge, are introduced by the Gentleman Usher, and have chairs placed for them within the bar. !pl;^ MESSAGES. 33 XIII. MESSAGES BETWEEN THE TWO HOUSES. 186. With regard to messages between the Houses, one of ^^^*f^ the Clerks of either House may be bearer of messages from one '^^^'^^ House to the other. 187. Messages so sent are received at the bar by one of the Are received ^^ 'at the bar. Clerks of the House to which they are sent, at any time whilst it is sitting, or in Committee, without interrupting the business then proceeding. 188. Messages are occasionally brought up by two or more MesMwes members of the Assembly. The Speaker takes the Chair, if the ||yp^"* House be in Committee, and one of the messengers reads the message at the bar and delivers it to the Speaker, who reports the same to the House ; and if an answer is required, the mes- sengers are called in and informed that an answer will be sent by a messenger of the Legislative Council. 189< Answers to messages are to be in writing, and are sent Answers , . thereto, and received as messages. XIV. MESSAGES FROM HIS EXCELLENCY. 190. A message from His Excellency, under his sign manual. How is brought in by a member of the House, being a minister. The Speaker reads the message at length, and it is again read at the table. 191. A verbal message from His Excellency is also communi- Verbal mes- cated to the House by a member of the House, being a Minister. CONFERENCES. '■• lis'; I'll '11;: XV. CONFERENCES. ♦ Conferenoes. jgg. The House may communicate matters to the Assembly, or have matters communicated by them, at a conference. How detired. 198. A conference is desired by message, stating the subject matter thereof. 194. No conference is to be desired concerning any bill or ;her matter depending in the other H< by the House in possession o' the bill. Not Mked for matten depending other matter depending in the other House, but is to be required Houae. Beuom 195 In cases in which the Assembly disagree to any amend- communios- ^ a ^ ted by met- ments made by this House, or insist upon any amendments to which this House hath disagreed, this House is willing to re- ceive the reasons of the Assembly for their disagreeing or in- sisting (as the case may be) by message, without a conference, unless at any time the Assembly should desire to communicate the same at a conference. 196. When a conference is agreed to, such agreement is com- municated by message. 197. This House appoints the time and place for every con- ference. 198. The managers are namr d by the House. 199. The number of menibe- s of the Assembly named for a conference is always double to chose of this House. 5200. It is the sole duty of the managers to rend and deliver to the managers of the other House, the resolutions of the House, or bills, with reasons for insisting npon amendments, or disagreement to amendments, or otherwise. Amend- 201. If either House should not insist upon its amendments, in8i8«»dj or its disagreements to amendments to any bill, after a con- ference, such resolution is communicated by a message. Conference agreed to. Time appointed. Ifanagert. Number'ap* pointed. Duties of Managers. • T ADDRXMBV. 36 202* After two conferencei, a free conference may be desired, JJ|*l-,--J at which the difference between the two Houses may be dis- cussed. 208. The time for holding a conference being come, the Hour of « I 1. 1 1 i « 1 !■ conference, names of the managers are called oyer, and the speaker adjourns the House without any question put, and the managers repair to the conference chamber. 204. The managers of the Assembly come first to the con- AiMembiy^ ference, and remain standing and uncovered. : i XVI. ADDRESSES TO THE CROWN OR ITS REPRESENTATIVE. 205. Addresses to His Excellency are presented by the whole House ; by such members of the House as are members of the Executive Council; or by such members as the House may name for that purpose. 206. When an Address is presented by the whole House, the Speaker, with the House, and the principal officers in their robes, proceed to the residence of His Excellency, who being seated and surrounded by his staff, the Speaker reads the Address, and His Excellency having replied thereto, the House withdraws. 207. Either House desiring the concurrence of the other to an Address, communicates the said Address by Message, leaving a blank for the insertion of the words " Legislative Council" or " Legislative Assembly" as the case may be. 208. The concurrence of one House in an Address commu- nicated by the other, is likewise signified by Message. 209. Joint Addresses of both Houses to Her Majesty are presented to His Excellency by both Houses ; by the two Speak- By whom preMuted. By the whole House. Either House de- sire coucur- rence. How com- municated. Joint ' Address. 36 ADDRESSES. ii^':^ ilr'.il: Address to His Excel* lenoy. This House learns His Excellency's pleasure. Joint Ad- dresses, how presented. His Excel- lenoy's answer. Hov reported. Address for papers. ers ; or by two members of the House and four members of tbe Assembly, or in such other manner as may be agreed upon. PlO. An Address to His Excellency is next adopted, praying His Excellency to transmit the Address to Her Majesty, and is sent down to the Assembly for concurrence. ^ . 211. This House then learns His Excellency's pleasure when he will be attended with the Joint Addrt,iises, and communicates the same to the Assembly. 212. When a Joint Address Is presented by both Houses, the Speaker and the members of this House, and the Speaker with the members of the Assembly, proceed to His Excellency's resi- dence and being admitted, the Speaker, with the Speaker of the Assembly on his left hand, reads the address in one language, and the Speaker of the Assembly reads the other version of the Address. •' 213. His Excellency's answer to an Address presented by both Houses, or by the whole House, is reported by the Speaker and then read at the table. 214. An answer to an Address presented in any other manner, is reported by one of the members who have attended with the same. 215' When an Address is adopted by the House, praying His Excellency to communicate certain papers or information, a copy of the Resolution for the Address is alone presented. i !^'il ;i!'j' l;'l PUBLIC PETITIONS 37 XVII. PUBLIC PETITIONS. 216. Petitions may be vmtten or printed. Petitions. J ! 217. Every Petition intended for this House, should be ad- How addressed. dressed thus : — " To the Honorable the Legislative Council of " Canada in Parliament assembled." " The Petition of (insert- •* ing the name and designation) Humbly sheweth" and end in a prayer, with the words " And Your Petitioners, as in duty bound, " will ever pray." 218. Every Petition when written is required to be signed by How signed, at least one person, and when printed, by at least three persons, on the skin or sheet on which the Petition is written or printed. 219. Petitions of Corporations aggregate are required to be Corporate SGftlS* under their common seal, unless they are not bound by their Charters to have a seal. 220. No letters, affidavits or other documents may be attached No letters, . , fto. attached to any Petition. 221. No reference may be made in a Petition to any debate Not to refer to debate, in Parliament, nor to any intended motion. 222. Every member presenting a Petition is to affix his name To bear at the beginning thereof. name. 223. Every member presenting a Petition is to take care that Member to " i o peruse the same is in conformity with the rules and orders of the House, **>*">• and respectful and temperate in its language. 224. Petitions in the nature of Election Petitions will not be Election pe- titions. received, unless the forms required by the Election Petitions Act have been complied with, the same being certified by the proper offi'^er. 5225. Petitions can only (be preiented to the House bv a Presented ' • *^ * by Member member. only. :i! I m 38 PETITIONS FOR PRIVATE BILLS. ii..ii Petitions from mem- bers. Presenting petitions. When re- ceived and read. Ko debate or speech allowed. Petition on personal grievance. 226. A member cannot present a Petition from himself. 227. Every member offering to present a Petition, not being for a private bill, or relating to a private bill before the House, is to confine himself to a statement of the parties from whom it comes, of the number of signatures attached to it, and of the material allegations contained in it, and to the reading of the prayer thereof. 228. Every such Petition, not containing matter in breach of the privileges of this House, or against the rules or usual prac- tice of the House, is brought to the table and read and received on the next sitting day but one after. 229. The Speaker cannot allow any debate, or any member to speak upon or in relation to a Petition ; but it may be read by the clerk at the table, if required. 230. If such Petition complain of some present personal grievance, requiring an immediate remedy, the matter contained in such Petition may be brought into discussion on the presen- tation thereof. For private bills. ForbiU affecting private rights. Time exttnde^i XVIII. PETITIONS FOR PRIVATE BILLS. 231. Every Petition for a private bill is received and read as a public petition (See Nos. 217 and seq.) ; and it must be pre- sented within thirty days after the commencement of the Session, not including Sundays and holidays : after which it cannot be received, except by special leave of the House. 232. No Petition for a private bill affecting the vested rights, interest, or convenience of any person other than the Petitioner, can be received after the thirtieth day. 233. The House may extend the time for receiving Petitions for private bills, upon motion, of which due notice shall hare been given. ■i:.ir, ill I PUBLIC BILLS. 39 234. Every Petition for a private bill meant to originate in Pfetitionare. this House, must be referred to a Select Committee and the matter thereof reported upon, before the introduction of the bill, except in cases in which it shall be necessary to hear proof of the allegations of a bill at the bar. (See No. 168.) ,, 235. A Petition is to be presented by every applicant for a Petition fbr bill of divorce, and the said Petition will not be received after ▼«»■<»• the thirtieth day of the Session. XIX. PUBLIC BILLS. 236. No Bill whereby any person may be impeded or hin- dered from celebrating or attending the worship of Almighty God, in a peaceful and orderly manner, is to be brought in this House. 237. No Bill relating to religion, i^t the alteration of the laws concerning religion, is to be brought into the House, until the proposition shall have been first considered in a Committee of the whole House, and agreed to by the House. 238. No BtH which might diminish or in any way infringe the Royal P; urcoralive, is to be brought into the House without Her Majesty's ;;pucM permission previously obtained. 239 No Bill relating to trade, or the alteration of the laws concerning trade, is to be brought into the House, until the proposition shall have been first considered in a Committee of the whole House, and agreed to by the House. 240. Every Bill not prepared according to the Rules and Orders of ':e House, will be ordered to be withdrawn. 24L Every Bill is to undergo three separate readings, each on a different day. (See No. 276.) Impeding worship of God. Belatinf to Beligion. Affecting Preroganre. Relating to trade. Preparatka otm». Three raadingf. IJ 40 PUBLIC BILLS. K Bringing in ; bills. Pint read- ing. Motion de- cided with- out amend- 1 ment. i ■jl; Second li . reading. \. Bills in blank. i!h i Debate on principle. Question 1 for and i reading. \ir, Amend- s ments 1 thereto. ill I I ■ 1 Bestriction { ' of amend- K ments.* k i BiUstobe committed. I-, 1 ; ' No argu- ments against ;.{ principle. h Orderfor 242. It is the right of every member of this House to bring in a Bill. (But see No. 282.) 243. The first reading of every Bill takes place immediately after the Bill is presented. 244. When a Bill shall have been presented by a member, or brought from the Assembly, the question " That this Bill be now read a first time," and " That this Bill be printed," ought to be decided without amendment or debate. 245. A Bir r 'r^ been read a first time, is ordered to be read a second timt a future day. 246. No Bill is to be introduced either in blank, or only in part completed. 247. The principle of a Bill is ucually debated at its second reading. ' 248. On the Order of the Day being read for the second reading of a Bill, a question is put, '* That the Bill be now read a second time." 249. Amendments may be moved to such question by leav- ing out " now," and inserting at the end thereof " this day three " or " six months," or any other time ; or by moving that the Bill be rejected. 250. No other amendment may be moved to such question, unless the same be strictly relevant to the Bill. 251. A Bill having been read a second time, is ordered to be committed to a Committee of the whole House, or to a Select Committee. 252. No arguments are admitted against the principle of a Bill, in a Committee of the whole House. 253. On the Order of the Day being read for the Committee PUBLIC BILLS. 41 on a Bill, the Speaker leaves the chair and names the member going into Committee. who 18 to take the chair of the Committee. 254. The House is then adjourned during pleasure, and put House ad- ring plea* , .,. sure. into a Committee on the Bill. 255. No Bill is to be referred to a Committee of the whole "^'lat bills are refer- House, or to a Select Committee, or amended, unless it shall '®*^' have been read a second time. 256. An instruction may be moved to the Committee on the tjo^f'^S! Bill, but ought not to be moved by way of amendment. moved. 257. Bills which may be fixed for consideration in Committee ^''c""'"'^,, •' several Bills on the same day, whether in progress or otherwise, may be re- *"K^ther. ferred together to a Committee of the whole House, which may consider, on the same day, all the Bills so referred to it, without the Chairman leaving the chair on each separate Bill ; but with respect to any Bill not in progress, if any member shall raise an objection to its consideration, such Bill is to be postponed. 258. Every clause is considered by the Committee seriatim Clauses con- sidered seri- beginning by the first clause j the preamble is next considered, atim. and then the title. I . 259. Any amendment may be made to a clause, provided the Amend- *' •' ^ ^ monts to be same be relevant to the subject matter of the Bill, or pursuant relevant. to an instruction, and it be otherwise in conformity with the Rules and Orders of the House : but if any amendment be not within the title of the Bill, the Committee are to amend the title accordingly, and report the same specially to the House. 260. A question is put that each ** clause stand part of the Question Bill," or " as amended, stand part of the Bill." 261. In going through a Bill, no questions are to be put for Blanks or ^ _ italics. the insertion of words already printed in italics, and commonly called " blanks," unless exception be taken thereto ; and if no D \:l, 42 PUBLIC BILLS. alterations have been made in the words so printed in italics, the bill is to be reported without amendments, unless other amendments have been made thereto. Clauses 262. Any clause may be postponed for consideration, unless postponed, '' ^ ± ± the same shall have been considered and amended. v Preamble of abUl. 263. After every clause and schedule have been agreed to, the preamble and title being severally read, a question is put " That this be the preamble (or title) of the Bill. is; m No notice of 264. No noticc may be taken of any proceeding in a Corn- proceedings until mittee of the whole House, or in a Select Committee on a Bill* reported. Report of progress. Bill reported. Without: amendment. Clauses offered. Notice re- quired- Bill recDm- mittad. \m until such Bill has been reported. 265. When all the clauses of a Bill have not been considered, the Chairman is directed to report progress, and ask leave to sit again. n 266. The Bill having been fully considered, the Chairman is directed to report the Bill, (or the Bill with amendments) to the House ; and when amendments have been made thereto, they are to be recei'^ed without debate, and a day appointed for taking the same into consideration. 267. A Bill reported without any amendment, is ordered to be read a third time, at such time as may be appointed by the House. 268. On a clause being offered in Committee, or on the con- sideration of the report, or at the third reading of a Bill, it is read a first time without question put. 269. No clause is to be offered on consideration of the re- port, or on (or after) the third reading of the bill, without notice. 270. On consideration of the Bill, as amended, the Bill may be ordered to be recommitted to a Committee of the whole House, or to a Select Committee. PUBLIC BILLS. 43 271. The order for the third readins of a Bill may he read Ordor for ° ^ •' 8rd reading. and discharged, and the Bill ordered to be recommitted. 272. The Order of the Day being read for the third reading Amend- menta of a Bill, a question is put, " That the Bill be now read a third moTed. time," to which amendments may be moved, as on the second reading. (See Nos. 249 and 250). 273. A Bill having been read a third time, clauses may be ciausos "^ added. read three times and added to the Bill, and other amendments made. (See No. 269.) 274. After the third reading, and further proceedings there- Bill passed, on, a question is put " That this Bill do pass." 275. The further proceedings on a third reading may be ][*^roed^ adjourned to a future day. 276. Bills of an urgent nature are sometimes passed with Uniwuaicx- unusual expedition through their several stages. 277. The precise duration of a temporary law is to be ex- Duration of pressed in a distinct clause at the end of the Bill. 278. When all the proceedings on a Bill have been concluded, biu sent to Assembly. *the Clerk is ordered to go down to the Assembly with the Bill and desire their concurrence;" or when the Bill has been brought from the Assembly, " to acquaint them that the House hath agreed to the same without any amendment," or " with amend- ments," to which this House desires the concurrence of the Assembly. (See Messages, Conferences). 279. "When a Bill is returned from the Assembly with Returned with amendments, they are twice read, and agreed to, or agreed to amend- with amendments, or disagreed to, or the further consideration thereof put off for three or six months, or the Bill ordered to be laid aside. 280. When a Bill originating in this House, has once passed Originating ° ° * in Council. through its final stage in this House, no new Bill for the same n Clrrk'h cer» tificate. 44 PRIVATE BILLS. object can afterguards be originated in tbis House during the same Session. 281. Tbe Clerk is to certify on the back of every Bill, the time of each reading and of its passing, and be is to certify in like manner tbe several readings and the passing of any amend- ments brought up from the other House for concurrence. Private bills. Obsorvanoe of S. Orders. ffl< ►■■'-', XX. PRIVATE BILLS. 282. A private Bill cannot be brought in unless upon a petition addressed to the House. 283, No private Bill is to be read a second time until the clerk reports that all the standing orders have been complied with. ■J PreparinB 284- Every private Bill intended to originate in this House and printing "^ ° of bill. must be prepared by the parties applying for the same, and printed by the contractor for the sessional printing of the House, at the expense of the parties ; and five hundred copies thereof in English, and three hundred in French, must be de- posited in the office of the Clerk before the second reading. 285. Every party seeking to obtain a Bill giving any exclu- sive privilege or advantage, whether for the erection of a bridge, or the construction of a railroad, turnpike road, telegraph line, harbor, canal, lock, slide, dam, or other like work, or for the incorporation of banking or commercial companies, cemetery companies, or companies for the construction of gas or water works, or for any other objects of profit, or private or individual advantage, or for amending, extending, or enlarging any former acts in such manner as to confer additional powers, are required, for the purpose of defraying the expenses and costs attending the same, to pay into the Legislative Council office the sum of sixty dollars immediately after the second reading thereof ; and Fee payalle. 'i ':,;HI PRIVATE BILLS. 45 no such Bill will be read a third time until a certificate from the !,l Queen's Printer shall have been filed with the Clerk that the cost of printing 300 copies of the Act, in each language, for Government, has been paid to him. /■ " 286« Every private Bill brought into this House for confirm- Bills con- ing letters patent, is to have a copy of such letters patent tors patent. attached to it. 287. Every private Bill, after its second reading, is referred Bills . referred. to a Select Committee. f288« A Committee on a Bill for incorporating a company Proofs required bc« must in every case require proof that the persons, whose names fore Com. appear in the Bill as composing the said company, are of full age, in a position to effect the objects contemplated by the Bill, and have personally consented to become so incorporated. 289. A Committee to whom a Bill has been referred, whether Report ot Bill, they have agreed or not to the preamble, or gone through the clauses, are to report the Bill to the House, and when any alter- ations have been made to the preamble, the alterations and reasons therefor are stated specially in the report.- 290. "When the Committee report that the preamble has not Preamble been proved, they are also to give their reasons. 291. TheChairminof the Comnfiittee reporting favorably on chairman a private Bill, is to sisn with his name at length a printed cop y printed copy. of the Bill, and authenticate with his initials any amendments to the same, fairly written on the copy of the Bill, and explain the nature of the said amendments on the day they are appoint- ed to be considered . 292. No private Bill affecting the vested right, interest or Bills affent- *^ ° ° I iiK vested convenience of any person, other than the petitioner, which may "b"*^. come up from the Assembly after the fortieth day of the session, shall be proceeded upon in this House. III! 46 Assembly requested to communi- cate evi« dcnoc. Parties required to appear. PRIVATE BILLS. 293. When a private Bill is brought from the Assembly, and the principle admitted, this House may, by message, request a communication of the evidence received in proof of the allega- tions of the Bill ; or the Committee to whom it may be referred will have to examine the allegations, and, in their report, state whether they are founded, and whether the parties concerned in interest or property, have given their consent to the satisfaction of the Committee. 294. Every Committee on a private Bill is to require all persons, whose interest or property they shall consider affected, to appear before them in person, to give their consent thereto j and if unable to attend personally, they may send their consent in writing, to be proved before the Committee by one or more witnesses. Appoint ment of w li>v i 5" nh 295. Notice of the appointment of a Committee on a private Committee. Bill is to be set up in the lobby of the House seven days before the meeting of the Committee. Notices rC' quired 296. All applications for Private and Local Bills for granting privatebSs *** ^^y individual, or individuals, any exclusive or peculiar rights or privileges whatsoever, or for doing any matter or thing, which, in its operation, would aflFect the rights or property of other parties, or for making any amendment of a like nature to any former Act require the following notice to be published, viz. : In Upper Canada — A notice inserted in the Official Gazette, and in one newspaper published in the County, or Union of Counties, affected, or if there be no paper published therein, then in a newspaper published in the next nearest County in which a newspaper is published. In Lower Canada — A notice inserted in the Official Gazette, in the English and French languages, and in one newspaper in the English and one newspaper in the French language, in the i PRIVATE BILLS. 47 District affecteil, or in both lancuaces, if there be but one paper; Xotice* _ _ rcquirod. or if there be no paper published therein, then (in both lan- guages) in the Official Gazette, and in a paper published in an adjoining District. Such notices shall be continued in each case for a period of at least two months, during the interval of time between the close of the next preceding session and the presentation of the petition. 2. Before any petition praying for leave to bring in a Private Toll Bridge. Bill for the erection of a toll bridge, is presented to this House, the person or persons purposing to petition for such Bill, shall, upon giving the notice prescribed by the preceding Rule, also, at the same time, and in the same manner, give a notice in writing, stating the rates which they intend to ask, the extent of the privilege, the height of the arches, the interval between the abutments or piers for the passage of rafts and vessels, and mentioning also whether they purpose to erect a draw-bridge or not, and the dimensions of such draw-bridge. 3. The fee payable on the second reading of any Private or Feus. Local Bill, shall be paid only in the House in which such Bill originates, but the disbursement for printing such Bill shall be paid in each House. 4. It shall be the duty of parties seeking the interference of Evidence, the Legislature in any private or local matter, to file with the Clerk of each House, the evidence of their having complied with the Eules and Standing Orders thereof; and in default of such proof being so furnished as aforesaid, it shall be competent to the Clerk to report in regard to such matters, " that the Rules and Standing Orders have not been complied with." 297. The foregoing Rules are to be published in both Ian- Rules pub- guages, in the Official Gazette, over the signature of the Clerk ^ Jth lan- of the House, weekly, during each recess of Parliament. t 46 BILLS OF DIVORCE. Divorce n'>tices nil;, liohed. And sorvocl on aiiverso party. XXI. BILLS OF DIVORCE. 298. Every npjjlicant for a Bill of Divorce is required to give notice of his intention so to do, and to specify from whom and for what cause, by advertisement during six months, in the Official Gazette and in two newspapers published in the District where such applicant usually resided, at the time of the separa- tion, or in the adjoining Distrct, if the requisite number of papers cannot be found in the first District. 299. A copy of the notice, in writing, is to be served, at the instance of the applicant, upon the person from whom the Divorce is sought, if the residence of such person can be ascer- tained ; and proof on oath of such service adduced before the House on the reading of the Petition, or of the attempts made to effect it, to the satisfaction of the House. Proceedings 300. When proceedings in any Courts of Law have taken in Courts ^ ^ _ ° "' , , fyied. place prior to the Petition, an exemplification of such proceed- ings to final judgment, duly certified, are to be presented to the House on the reading of the Petition. Damai^es levied. Formalities before 2nd reading. 301. In cases where damages have been awarded to the applicant, proof on oath must be adduced, to the satisfaction of the House, that such damages have been levied and retained, or explanations given to the House for the neglect or inability to levy the same, under a writ of execution, as they may deem a sufficient excuse for such omission. 302-, The second reading of the Bill is not to take place until fourteen days after the first reading and notice of such second reading is to be affixed upon the doors of the House during that period, and a copy thereof and of the Bill duly served upon the party from whom the divorce is sought, and proof, on oath, of such service, adduced at the Bar of the House, before proceeding ~ \l BILLS OF DIVORCK. 49 to the second reading, oi* sufficient proof adduced of the im- possibility of complying with this regulation. 303. The petitioner is to appear below the Bar of the House, Potitionor to appoar. at the second reading, to be examined by the House, generally, or as to any collusion or connivance between the parties to ob- tain such separation, unless the House think fit to dispense therewith. 304. After the second reading, witnesses are to be heard, at Evidence of the Bar of the House, on oath, the preliminary evidence being of marriage, that of the due celebration of the marriage between the parties, by legitimate testimony, either by witnesses present at the time of the marriage, or by complete and satisfactory proof of the certificate of the officiating minif.ter or authority. 305. The Counsel for the applicant, as well as the party P^'V^ei from whom the divorce is sought, may be heard at the Bar of the House, as well on the evidence adduced, as on the provisions for the future support of the wife, if deemed necessary. 306. The witnesses are notified to attend by a summons, to Witnesjes, how sum- issue under the hand and seal of the Speaker, issued to the moned. parties applying for the same, by the Clerk of the Committees, and served at the expense of the said parties, by the Sergeant- at-Arms, or his authorized deputy; and every witness is al- lowed his reasonable expenses, to be taxed by the House or any officer thereof appointed for that purpose. 307. Witnesses refusing to obey the summons are, by order When refu- ° "^ sing to at. of the House, taken into the custody of the Sergeant-at-Arms, *end. and not liberated therefrom, except by order of the House, and after payment of the expenses incurred. 308. Every Bill of Divorce is to be prepared by the party Bill pre- D&fGQ And applyinw for the same, and printed by the Contractor for the printed by Sessional Printing of the House, at the expenise of the party ; :i}.^ Ill 50 ACCOUNTS AND PAPERS. Amount to be paid. Unprovided ewes. and three hundred and fifty copies thereof, in each language, must be deposited in the office of the Clerk of the House, and no such Bill is to be read a third time until a certificate from the Queen's Printer shall have been filed with the Clerk that the cost of printing 300 copies of the Act, in each language, for Government, has been paid to him. 309. Every applicant for a Bill of Divorce, at the time of presenting the petition, (see No. 235,) is to pay into the hands of the Clerk of the House, a sum of eighty dollars, to cover the expfcuses which may be incurred by the House during the progress of the Bill. 310. In all unprovided cases, reference should be had to the rules and decisions of the House of Lords ; and for this pur- pose, McQueen's Treatise on Parliamentary Divorce, edition o*^ 1842, is deemed a sufficient authority. XXII. ACCOUNTS AND PAPERS. ■B Accounts, &c.,laid before the House. Prerogative concerned. Presented by com- mand. Annual Ac- counts, Jtc- 311. Accounts and papers are Ordered to be laid before the House. 312. When Her Majesty's prerogative if concerned in any account or paper, an Address is presented, praying that the same may be laid before the House. 313. Other papers are presented by command of His Ex- cellency. 314. Accounts and papers required to be laid before this House by any Act of Parliament, or by any order of the House, may be deposited in the office of the Clerk of t\ii House, to be laid on the table. SUPPLY AND •'VAYB AND MEANS. 51 iguage, se, and te from that the age, for time of tie hands to cover iring the lad to the this pur- edition 0' 315. Every Account and paper is ordered to lie upon the Lie on tho table. 316. Accounts and papers are ordered to be printed, when- Arc printed, ever it is expedient. .< j ^ 317. The Select Committee on Frintine, appointed at the Committee ° * * on printing. commencement of each Session, is to assist the Speaker in all matters which relate to the Printing executed by order of the House. 318. "When notice of motion is given for printing an account ^^JJj^l"*' or paper, the account or paper is submitted to the Committee on Printing for report, before the motion is made in tbe House for printing the same. |v before the led in any that the XXIII. SUPPLY AND WAYS AND MEANS. 319. To annex any clause or clauses to a Bill of Aid or Sup- ^J^¥®' * ply, the matter of which is foreign to and different from the ^^^' matter of the Bill, is unparliamentary. 320. The House will not proceed upon a Bill appropriating Bills not rocom- public money, that shall not, within the knowledge of the mended. Ilouse, have been recommended by the Queen's Representative. ; ! i ! f His Ex- )efore this Ithe House, )use, to be 1 , 52 MISCELLANEOUS. XXIV. MISCELLANEOUS. lt|4 t,,,:| 321. A copy of the Journals, or Minutes of Proceedings, srtified by the Clerk, is to 1 lency the Governor General. Minutes transmitted to Governor, certified by the Clerk, is to be transmitted daily to His Excel- Journals to be bound. To whom transmit- ted. Laws ex- changed. Also public documents. Catalogue of Buoks. 322. The Journals are to be bound in annual volumes, as soon as may be after each Session, with a full Index. 323. The Clerk is to transmit annually a copy of the Journals to each of the Clerks of the Houses of Lords and Commons, of the Legislative Councils and Assemblies of Nova Scotia, New Brunswick, Prince Edward's Island, Newfoundland, and Ja- maica ; to the Judges of all Courts of law and equity, and to the Law Societies of Canada. 324. The Clerk is to make arrangements for exchanging the Laws of Canada for those of the above named Provinces. 325. The Clerk is to furnish the Librarians with sufficient copies of all reports from heads of Public Departments, or con- cerning any of our public institutions, as they may be received, to be despatched to the several States of the American Union with whom this House may exchange official publications. 326. A proper catalogue of the books belonging to the Li- brary is to be kept by the Librarian, who is responsible for their ^afe custody. 327. Seats are reserved in the Legislative Council Chamber r the members of the Legis rous of hearing the debates. Members of seats. for the members of the Legislative Assembly who may be desi- CONSTITrXION. 53 edings, Excel- nes, as ournals mmons, ;ia, New ind Ja- id to the iging the s. sufficient or con- received, in Union ns. the Li- for their Chamber be desi- CONSTITUTION OF THE HOUSE AND ELECTORAL DIVISIONS. ii 328. This House was constituted in virtue of the Imperial Constitu- Act 3 & 4 Vict., ch. 35, and rendered elective by the Canada Act 19 & 20 Vict., ch. 140. (See Index, v. " Cotuititution.") 329. The oath required of members by the Constitutional The Oath. Acts, when they take their seats, or at the opening of a new Parliament, is as follows : •* I, A. B., do sincerely promise and swear, that I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Province of Canada dependent on and belonging to the said United Kingdom ; and that I will defend Her to the utmost of my Power against all Traitorous Conspira- cies and attempts whatever, which shall be made agains ler Person, Crown and Dignity ; that I will do my utmost endea\ or to disclose and make known to Her Majesty, Her Heirs and Successors, all Treasons and Traitorous Conspiracies and at- tempts, which I shall know to be against Her, or any of them ; and all this I do swear without any Equivocation, mental Eva- sion or secret Reservation, and renouncing all Pardons and Dis- pensations from any Person or Persons whatever to the contrary. —So help me God." 330. The Electoral Divisions for the purposes of the periodi- Electoral eal elections, are grouped in the following order, viz. : First Drawing. Lauzon, Laurentides, Wellington, Mille-Isles, Issue of Writs on Rouaremont, De Salaberry, Western, Saugeen, or before Ist Sep., 1856. Burlington, Queen's, Trent, Rideau. f 1 I!m? ^•.77..7?- ,»'";;V»ifi'iR'*r-v^?"^'^;^FA'","'fY''- l^li u< 54 CONSTITUTION. Second Drawing. Gulf, La Salle, Saurel, Repentigny, Montar- Issue of Writs on ^^0 Alma, Tecumseth, Gore, Erie, York, or before IstSep^ 1858. Cataraque, St. Lawrence. 1:1; Third Drawing. Grandville, Stadacona, De La Valliere, Inker- Issue of Wi its on ^an, Bedford, Rigaud, St. Clair, Brock, or before Ist Sep., , t. -i 1860. Niagara, King s, Newcastle, Batnurst. Fourth Drawing. De la Durantaye, Chawinegan, Kennebec, De Issue of Writs on Lanaudiere, De Lorimier, Victoria, Malahide, 1862. ' Thames, Home, Midland, Quinte, Eastern. For COUNTY DIVISIONS— 5ee Statutes of 1856, page 589. yM b[\m ii-* I 1 wm WW INDEX TO RULES AND ORDERS. COMPILED BY ROBERT LEMOINE. ■*' ^.— The first figures refer to the numbers of the Rules ; M< refers to May's 1 ,<■ ' Farliament, Edition of 1856; J. 0. refer to the Journals of the Council; J. -1.. to those of the Assembly. Absence of Members : During two consecutive sessions. (See Union Act, 3 and 4 V.c. 35, s. 7). Eeported, 10 (15 J. C. 66). Address to acquaint His Excellency therewith (lb. 67). Mes- sage in answer (lb. 80, 81). Message considered and Re- solutions declaring seat vacant (lb. 90) . See Leave of Absence. Absence of Speaker : House adjourns from day to day, 123, M. 203(3 J.C. 75, 76). (5 J. A. 260.) Access to His Excellency : Privilege olaimed 3, M. 58, 59. How and when exercised, M. 58, 59, 357. Accidental Vacancy of Seat. See Vacancies. \ ii I a'n:' !' 56 INDEX. ' I. ml m Accounts and Papers : Obtained by order, 311 (15 J. A. 142) ; or on Address, 312, M. 411, 412 (14 J. C, 148). Eeturn (lb. 186). Mode of presenting by command, 313, M, 414 (14 J. C. 159, 299). By members (14 J. C. 73). Deposited with clerk, 314, M. 414. Ordered to lie on table, 315 ; to be printed, 316 ; to be made forthwith, M. 413. Effect of prorogation, M. 413. Transmitted by post, M. 416. Referred to Printing Com- mittee, 318. Public Officers, &c., ordered to send in their reports without delay (13 J. A. 31). Fide Addresses for Ac- counts and Papers. Accounts and Expenses of the Home* See Contingent Accounts, Accusations. See Charges. Addresses, OeneraUy: Are presented by the whole House ; by Ministers ; by Mem- bers specially appointed, 205, M. 58, 189; or by both Houses, 209, M. 356, 357. Addresses to Her Majesty : Pounded on motion (9 J. C. 30) ; or resolution (11 J. C. 550, 551). Moved after adoption of motion (ibid) ; or com- mittee appointed to draft the same (9 J. C. 30). Can be drawn up by the House, when moved by a Minister (3 Han- sard, cxxxii. 307). Address to His Excellency, praying to transmit the above (9 J. 0. 30). Both are presented by ministers (Ibid). When by the whole House, ministers as- certain when His Excellency will receive them (11 J. C. 553). Modes of presenting, 205 & seq, M. 357. When presented by the whole House, M. 58, 189. Addresses to His Excellency : In answer to speech, 7, M. 188. Time appointed fori taking speech into consideration (14 J. C. 19). Resolution for Address (Ibid. 41). Question put on each paragraph (Ibid 43). Amendments may be moved to any paragraph (3 Hansard, Ixxii. 59). Amendments moved and lost (5 1 J. C. 17). (14 J. A. 27, 33, 35, 43). Amendment carried.! Ji- ll 111 INDEX. 57 Want of Confidence (7 J. A. 17. Eeply, 22). Committee appointed to draw up Address, 7. Report (14 J. C. 44). When presented (lb. 46). Presented (lb. 49, 50). Addresses for accounts and papers, 312, M. 411, 412 (14 J. C. 143). Return, 186. The resolution for the address is alone presented and signed by the clerk, M. 356 (14 J. C 143, 149). All other addresses are signed by the Speaker. Addresses, Joint : Originating in the Council (14 J. C. 247, 251) ; or in the Assembly (lb. 188). Concurrence of Assembly requested, 207 (lb. 251). How signified, 208 (14 J. C. 265). Con- currence of Council requested, 207 (14 J. C. 189). How signified, 208 (14 J. C. 189). Addresses to Hia Excellency praying for transmission of the above, originate in the House to which the address to Her Majesty is sent for concurrence (14 J. C. 189, 266). Council in both cases learns when His Excellency will be attended with the addresses, 211, M. 189, 356 (14 J. C, 211, 269, 270). Presenting joint addresses, 212, 213, M. 356, 357. By both Houses (13 J. C. 136). By certain members of both Houses, 209 (14 J. C. 266). By the two Speakers, 209. Answer how reported, 213, 214, M. 358. How reported when presented by miuisters, 214, M. 358 (4 J. C. 218). Adjournment of Debate : Rules concerning, M. 227, 279. Motion o^ered at any period of discussion, M. 279 (8 J. A. 125). (14 J. A. 27, 33). Member who has spoken on the question, cannot move adjournment of debate, M. 279. Committee of the whole House cannot adjourn a debate, ^34, M. 306. But may sus- pend its sitting, M. 307> Adjournment of the House : Rules relative thereto, 19, 21, 22, M. 45. Motion of ad- journment cannot be again moved unless some other motion intervenes 59 (3 Hansard, cxxxv. 1428). Not to be moved by a member who has spoken to a question, M. 279. Mem- bers may speak to question after having spoken on adjourn- ment (3 Hansard, lix. 194) ; and on main motion while dis- E It!. i;i 08 INDEX. cussing motion of adjournment (3 Hansard, Ixii. 153, 174, 219). Only adjourned by its own resolution, 27, M. 45. Exceptions, 19, 21, 22, 23 (11 J. C. 110 et seq.) Questions superseded by adjournment, 61, 63, M. 227. (15 J. A. 292). Analagous motions in committee, M. 306. Adjournment at six o'clock until half-past seven, 23 (15 J. C. 576). (14 J. A. 25). Business under discussion and other orders at the adjournment stand until next day, 24. On Friday House stands adjourned till Monday, 25, M. 199, 200. Ex- ception, 26 (14 J. C. 33^). On motion for adjournment, a Member may address the House on some other subject M. 255 (3 Hansard, cxix. 932). Irregular, when made for permitting a Member to speak several times on same ques- tion (3 Hansard, cxxix. 222 ; cxxxiz. 455.) Adjournment of Select Committee : May adjourn from time to time, 158. M. 318, 588. Administrator of Government : See Qovemor. Admonished hy Speaker: Election Commissioners (5 J. A. 141, 157). Reporter, for insulting a member (9 J. A. 160, 164). Advertisement : Notices by (Private Bills), 296, 297, M. 523. Affidavit : Proof of compliance with Standing Orders by affidavit, M. 530, 566. See Oath, Divorce, Affirmation in lieu of Oath : (Union Act, 3 and 4 V. c. 35, s. 36). M. 182. Aliens: Not eligible to be members, M. 31 . See Members of the Legislative Council. Allusions : To debates already decided, 104, M. 261. To debates in the other House, 105, M. 262. Allusions to members by name, 87, M. 267. INDEX. 59 Amendments (Bills) : In regard to Public Bills. To question for second reading, 249, M. 371. Amendment carried (11 J. A. 93). Lost (Ibid 381). Amendment of an amendment, 80, M. 240. Carried (13 J. A. 297, 787). Lost (9 J. A. 107). Amendment of an amendment to an amend- ment disallowed, 83. Gushing, 518. Todd, 142. Amend- ments to bills in committee, when to be oifered, 80, M. 376. All sorts of amendments admissible in committee, 259, M. 377. When adopted, they are received by the House without debate, and a time appointed for their consideration, 266, M. 379. Authorized by instructions, 259, M. 378 (10 J. A. 217). To preamble, M. 378 (15 J. C. 399). l^Wl re- committed with regard to particular amendments, M. 380, 381 (10 J. A. 282, 283). Amendments on third reading, 268, 271, 272, 273, M. 382. Carried (14 J. A. 731). Lost (14 J. A. 191). Amendments made by the other House, 279, M. 385, 592, 593 (14 J. C. 364). Agreed to (Ibid.) (For disagreeing, insisting or not — See Conferences). Amendments of such amendments, M. 385 (13 J. C. 252). Conferensjes when amendments disagreed to, 195, 201, M. 343, 386, 387 (13 J.C. 494, 504, 51 1, 516, 518, 528, 55 J, 578, containing the various proceedings). Disagreement may be communicated by message, 201, M. 341, 342. (15 J. C. 578). Clause for repealing or amending bills during same session abolished, M. 250. 12 Vic. ch. 10, s. 3. In regard to Private Bills. Amendments must be within the order, not contrary to rules, nor excessive in extent, M. 558 (108 Com. J. 406), Amendments how received and made in committee, M. 582. 683, 584. Notice required of amendments to be offered on report, or on or after third reading, 268, 272, M. 590, 591, 607. Amendments to Questions : To evade the question or alter its meaning, M. 230, et seq. Different forms of amendments, 77, M.237, etseq. If not seconded not entertained, 78. To leave out words, 79. Carried (14 J. A. 237). Lost (Tbid. 568, 569). To leave out words and to insert or add others, 79. Carried ■■i'i;v 60 INDEX. \ "n (14 J. A. 80, 81). Lost (14 J. A. 107, 108). To insert or add words ; Carried (6 J. C. 97). Lost (14 J. A. 496). Amendment to former part of a question not admitted after a later part has been amended, 80, M. 876. No amend- ments received to words already agreed to, 81. Amend- ments may be withdrawn, but without a negative voice, 82. Bourke, 226 (LO J. A. 209). Amendments to pro- posed amendments, 83, M. 240 (14 J. A. 230). House ad' joumed (lb. 231). Amendment lost (lb. 284). Carried (14 J. A. 347, 348). Amendment to amendment, with motion to postpone and motion to adjourn (14 J. A. 514). With previous question and motion to adjourn (Ibid 328). A suc- cession of amendments to proposed amendments (Ibid 323). Not allowed, 83. Gushing, p. 518. Todd, 142. When made, main question, as amended, is put, 84 (14 J . A. 328). When amendments are proposed, but not made, the original question is put, 85 (10 J, A. 209). Amendments before and after previous question, M. 242, 243 (14 J. A. 328). A member who has not voted on amendment may vote on main question, M. 284. Amendments to resolutions from com- mittees of the whole, M. 307 (3 J. A. 59). Proposed and carried by mover of main motion (9 J. A. 97). Proposed by seconder of main motion (II J. A. 125). Previous ques- tion (14 J. A. 328). Amendment for postponement (Ibid 514) ; for adjournment (14 J. A. 328). For reading orders of the day put as a separate motion (14 J. A. 688). Annual Meeting of Parliament : Must be called for despatch of business within the twelve months, 15, M. 39, 437 (Union Act 3 and 4 V. c. 35, s. 31). Governor appoints the time and place of meeting (lb. s. 30). Apologies : When required from members, 113, M. 269. f>ee Hostile Meeting. Appearances ; B'jfore committees on private bills, 156, M. 536. Appear- ance of applicant for bill of divorce, 303, M. 611. Assaults upm Members : (10 J. A. 192, 193) M. 85, 86. insert A.. 496). bed after amend- Amend- oice, 82. to pro- louae ad- rried (14 b motion \. With A suc- bid 323). , When A. 328). e original efore and 328). A i on main rom com- )osed and Proposed 0U8 ques- ent (Ibid ng orders he twelve 55, s. 31). :b. 8. 30). Appear- 86. INDEX. 61 Atiembly, See Members of the Legislative Assembly. Attachment. See Imprisonment. Attainder Reversal Bill : (10 J. C. Index, 378). Attendance of Members ,• Duty of members to attend, 32, M. 192, 103. Gall of the House and means to secure their attendance, 10,36 (2 J. G. 33). (10 J. A. 184). Circulars sent (8 J. A. 140). Names to be reported (Ibid 168). Reported (Ibid 181). Attend- ance on committees, how secured, 170, 171, M. 196, 322. Ordered to attend (5 J. A. 271). Appear and excused (Ibid 279). Reprimanded (4 J. A. 353). Bankrupts : Incapable of being elected ; or of retaining their seats, M. 35, 134. See Members of the Legislative Council. Bar of the House : Witnesses sworn and examined at the Bar, 168 (11 J. C. 341 et seq.) M. 322, 328, 329. Bar kept down when wit- ness examined, 180, M. 332, 333. Witnesses in custody examined at the Bar, 169, M. 322. Speaker and Assembly come to the Bar at the opening, 2, 3. At the close of Par- liament, 12. Or when bills are sanctioned (14 J. C. 205). Gounsels heard at the Bar on second reading of divorce bills, 305, M. 612. Bills : 1. Generally . Bill read pro formd at the beginning of a session, 3, 4, M. 188 (14 J. C. 19). Every member has a right to bring in a bill, 242, but see 282, M. 363. It is immediately read, 243. Being read, none but clerical alter- ations may be made by mover, without leave (3 Hansard, cviii. 969). Same bill not offered twice in a session, M. 244. Nor read twice the same day, 241. Nor passed through more than one stage (Lords S. O. pp. 19, 20). Exception, 276. Evasion of rule, M. 245. Bills once passed and re- jected, 280, M. 247. Laid aside, M. 249 (5 J. C. 106, 146, 200). Assembly's votes are searched, M. 249. Never re- 63 INDEJC. r" V Wmmittees J. A. 90). M. 378. he books 51.) In (9 J. A. ommittee 1, for the 83). No : Canada, (1 J. C. arliament Liry and i ords, M. List of )e posted, 151, 205, M. 311. Names of members asking questions to witnesses, prefixed thereto in the minutes, 153, M. 310, 311 (8 J. A. 30, 34, 49, 50). Not in committees of Assembly {See Appendix, No. 66, of 1856). "Where they meet, 147. Choice of Chairman, 147. Members speak uncovered, 148. Names of those present each day entered, 154. Particulars with regard to divisions to be entered, 155, M. 311. Mem- bers discharged from attendance, and others added, 152, M. 313 (11 J. 0. 281). Members of the House may be present, 11:9, M. 315, 317. Strangers are excluded, 150. Committees are not to sit during sitting, nor during ad- journment of the House, without leave, 159, M. 318 (16 J. A. 658). Proceedings void after notice of the House going into prayers, 159, M. 318. Not to be noticed until re- ported, 264, M. 319. Evidence taken and documents pro- duced not to be published, M. 81, 319. Eeport, from time to time, its opinions, or the evidence taken, 160 (14 J. A. 201). Report brought up by chairman, 161. Amended (14 J. A. 191). Instructions to committees, 164, M. 309, (14 J. A. 63, 236). See Instructions. Power to summon witnesses, 156, M. 310, 313, 314. Course pursued when a witness does not attend, 156. May adjourn its sittings, 158, M. 318. Attendance of members, as witnesses, how secured, 171, 172, M. 324. Of members of the Assembly, 176, M. 326, 327 (13, J. 0. 64, 76). Committees on Contingent Accounts. See Contingent Accounts. Committees on Public Bills. See Bills. Committees on Private Bills. See Private Bills. Communications between the Governor and Parliament. Addresses^ Conferences, Messages. See Complicated Questions : May be divided, 65, M. 233. Conferences : Their general character, 192, M. 339, When agreed to, 196. Messengers of Assembly come first to Conference, 204, M. 345, and House informed thereof by Speaker, 203 (13 ^ 70 INDEX. |; H ^> ^ '' J. C. 504. Nomination of Managers, 198. Assembly's Managers, double tbe number of those of the Council, 199, M. 342. Duty of Managers, 200, M. 342. Forms for holding Conferences, 203, M. 344. Lords' Standing Orders, M. 345. Deliberations of both Houses suspended during Conference, 203, M. 339 (13 J. C. 5o4). Conferences desired by Council (IIJ.C.601,616,620, 625). (IIJ. A. 1104-5-10-11). By Assembly (13 J. C. ; aee Index, Bill No. 148). (13 J. A. ; see Index, V. Conference"). Hour and place of Conference always appointed by Council, 197 (11 J. C. 314, 617). Sub- jects for Conference, 192, M.339. When to be demanded, M. 340. Beasons offered, M. 341. Cannot be desired for Bill depending in other House, 194. Particulars in regard to Bills, M. 343, 386, 387. Reasons for disagreeing to . amendments communicated by Message, instead of at a Conference, 195, M. 341. (15 J. C. 578). Free Conferences, 202, M. 314. Desired by Assembly (5 J. A. 343). (5 J. C. 218). By Council (uone). Special Report (lb. 219.) Consent of the Crown : (Queen's Representative) To Bills appropriating Public Money, 320. How sig- nified, M. 352,608. (S J. A. 348.) Withheld, M. 352. Bills repugnant to Imperial Act, declared out of order (9 J. A. 64). Consent to Private Bills : Of Parties iriterested, 2S8, 294, M. 598, 599. Consequential Amendments : The House cannot amend its own amendment or Bill, when returned, unless the amendment be consequent on the amendment of the other House, 86, M. 385. Constitution of the Upper House : House constituted by Union Act of 1840, 3, 4 Vic, cap. 35, and proclaimed on the 10th February, 1841 (1 J. C. VII ) By Imp. Act, 17 and 18 Vic, cap. 118, the Legislature of Canada is authorised to change the constitution of the Council, s. 1 , and amend Acts passed by Imp. Parliament for that purpose, s. 3. On the authority of this last Act, the INDEX. 71 (9 J. 3., cap. VII) ure of of the ent for ct, the Canadian Parliament changed the constitution of this House, by the Act of 1856, 19 and 20 V., c. 140. By the Union Act the Council was to consist of not less than twenty members, being of full age of twenty-one years, and subjects of Her Majesty, s. 4. Appointed for life, s. 5, with liberty to resign their seats, s. 6. Which are vacated by absence, without leave, for two successive Sessions ; by ceasing to be British subjects ; by becoming bankrupts, attainted with treason or convicted of felony, or other crime, s. 7. The question of vacancy to be determined by Council, s. 8. (Proceedings thereon, 15 J. C. 66, 67, 80, 81, 90.) Speaker appointed and removed by Governor, s. 9. Quo- rum, ten Members, including Speaker, who has only a cast- ing vote, s. 10. Members required to take the ojvth of alle- giance, s. 35. Or make an affirmation, s. 36. According to the above Act of 1856, the Legislative Coun- cil is now composed of the Life Members, and of forty-eight Elective Members, s. 1, 2. Elected for eight years, s. 3. They are to be British subjects, resident in Canada, of the full age of thirty years, and possessed of a property of the clear value of two thousand pounds, and resident in the electoral divis- ion, or having their property therein, s. 4, and neither de- faulters, convicted of felony, or other crime, s. 5 ; nor Member of the other House, s. 6. They vacate their seats, if they become defaulters, insolvent, bankrupts, or cease to hold their property qualification, s. 7. Every second year, writs for the periodical elections are issued, on or before the first day of September, and return- able the first Tuesday of November, s. 8. Returning Officers are appointed by Q-overnor, and fix the most central place for the nomination and proclamation of candidates, s. 10, 11. The Electors are the same as those of the Assembly, s. 12. So are the laws relating to elections, s. 13. Candidates, if required, make a declaration of qualification, s. 14. Their period of service begins on return day of writs, and end on the day next preceding the return day of writs of election of their successors, s. 15. They take the oath of allegiance, Schedule D, before the Clerk of the Council, s. 16. "T V M ll v' 72 INDEX. Elective Councillors may resign, as Members of Assembly, and hold tbeir seats as in sec. 15, and may be re-elected, s. 20. They are subject to the laws for the independence of the Assembly, s. 2 1 , but do not lose their seats by being appointed to Speakership, s. 22. {See 20 Vic. c. 22, s. 15). In cases of accidental vacancies, the Speaker, Members and Council, have the same powers as those of the Assembly, and writs are made returnable within fifty days from their issue, s. 23. Vacancies happening within three months of periodical elec- tion shall not be filled up, s. 24. And if they happen before, the newly elected Councillor holds his seat for the time only when his predecessor would have gone out, s. 25. The Speaker is appointed by the Governor from amongst the Members, as heretofore, s. 26. Each General Election in the Assembly makes a new Parliament, s. 28. Contempt ; See Custody. Contents and Not Contents : On a division, 67, 68, 126. In the Lords, M. 234, 283, 284. See Yeas and Nays. Contingent Accounts : Committee appointed at the beginning of every Session to examine and report upon the Contingent Accounts of the House, 6. Its proceedings found in Indexes of Journals, gene- rally under the head of " Committees, No. 4.' ' Has the super- vision and control of all matters in relation to which monies are to be paid or expended. Reports on petitions for gra- tuities, pensions, increase of salaries, &c. (14 J. C. 318). Audits the accounts of the Clerk, before additional sums are placed to his credit, 11 (lb. 169) pursuant to a standing order (13 J. C. 288.) Controverted Elections. — See Elections, Controverted. Corporations Aggregate : Their petitions to be under their seals, when required to have sieals, 219, M. 404, 580. INDEX. 73 Bembly, icted, s. e of the pointed 11 cases uounoil, id writs e, 8. 23. cal elec- a before, me only amongst 9 a new 234, 283, Session s of the ftls, gene- he super- h monies for gra- C. 318), sums are standing j[uired to Corrections of Evidence bi/ Witnessea : How limited, M. 319. Co8t» of Private Bills : Paid by parties interested, 285, M. 622, 624. Of Divorce Bills, 308, 309, some times remitted, M. 618. Council : See Legislative Council. Counsels heard at the Bar : On second reading of Divorce Bills, 305, M. 612. (U J, C. 357, 409.) On the subject of other Bills M. 373, (4 J. C. 177, 190,) (4 J. A. 365.) Counting the House : If ten Members be not present, thirty minutes after prayers, the doors being opened, 19. When attention is called to want of a quorum, 21,22, M. 198, 199, 306. Members may come in or go out until the Speaker begins to count (3 Hansard, cxxii. 798). Crossing the House : Member when cross! ig the House makes an obeisance to the throne, 38, M. 272. Not to pass between chair and table, 40. Custody : Persons taken in custody, not discharged without an order, 28, M. 214, 215. Witnesses in custody, 169. Members in custody of Sergeant-at-Arms for challenge. (8 J. A. 88). For assault on another Member (10 J. A. 192, 193.) And reprimanded (4 J. A. 353). Reporter reprimanded fo» in- sulting a Member (9 J. A. 160, 164). See Commitment for contempt. Debates : A Member addresses the other members and does not refer to them by name, 87, M. 251. May speak from the galleries, M. 251. Speaks to order, sitting, during a di- vision, 88, M. 251. Motto speak after question put, 89, M. F ft t % t' |.-i,; r $■1 74 INDEX. 226, 252. Speaker calls Member to speak first, 90, M. 254. Motion in favor of another, 91. To what questions Members can speak, 92, M. 255. Questions put to Ministers or other Members, 93. No arguments allowed, 94. No debate in answering, 95. Indulgence when explaining personal mat- ters, 96, M. 256. Not to speak twice, except in explana- tion or reply, 97, 98, M. 258, 259, but not if he has only moved an order of the day, an amendment, or an instruction, 99, M. 259. Speaking to order or matter of privilege, 100. M. 260, 261. Debates of same Session not to be alluded to, except by indulgence, 102, M. 262. Reports of speeches of same Session not to be read, 103, M. 261. May read extracts from newspapers referring to question, 101 (Bourke, 133, 138). Reflections on votes not allowed, except when moving for rescinding them, 104, M 260. Allusions to the other House not allowed, 105, M. . <2. (3 Hansard, Ixxvi. 1568). Nor can Her Majesty's or the Governor's name be used irreverently, 106. Nor offensive words against either House or against a statute, except when moving its repeal, 107, M. 265, 267. Nor against one another, 108, M. 268, 270. Words may be taken down, 109. At the time they are used, 111. When in Committee of the House, they are taken down and reported, 110. Personal, sharp, and tax- ing speeches forbidden, 112. Members not explaining, cen- sured, 113. The House will interfere to prevent quarrels, 114, M. 268, et seq. (8 J. A. 88). Rules for Members not speaking^ M. 271, et seq. No noise or interruotion allowed, 115. Rules of debate observed in Committees of the Whole, 1 17, M. 300. Speaker main- tains order in the House, 118. And the Chairman in Committee, 119. Speaker ought not to take part in debate, 120. Not even in committee, M. 290. {See note 5). Ex- plains points of order, when called upon, 121. House is silent when Speaker rises, 122, M. 276, 277. A member explains and withdraws when his conduct is under debate, 116, M. 277, 279. {See Charges against members). In Committee, members speak more than once, 136, M. 302. A committee has no power to adjourn debate, 142, 143, M. 306. Nor can a member claim to speak first at "^ INDEX. r^ er main- [rman in debate, ). Ex- louse is member r debate, 136, M. ate, 142, first at subsequent sitting, M. 306. Petitions not to allude to de- bates, 221, M. 40d. Debates on petitions restricted, 227, 228, 229, M. 408, 410. Publication of debates, M. 78, 79. Now recognized, M. 79, 80. Deliberations of the House : Are printed daily, 30, M. 207, 208. See Minutes of Proceedings. Deposit of Documents. {Private ^ills.) Requirements of Standing Orders 296. t 4 M. 524, 599. Deposit o/ Money. {Private Bills.) 285, M. 525, 572 600. Deposit of copies of bills with clerk, 284. Deputy Speakers : In the Lords, M. 202. In the Assembly, (19 V. c. 41), M. 203, 204. Council adjourns in case of absence of Speaker, 123, M. 204, 205. Directors of Railway Companies : Lords' Standing Orders as to Elections, M. 606. Disallowance of Bills : Her Majesty may disallow Bills within two years from their receipt, after assent by the Governor (Uniom Act, 3 & 4, V. c. 35, 8. 38). Disallowance of Votes. {On Divisions.) If a member is not present when question put, 124, M. 280, 281. If personally interested, 127, M. 294. 295. "With regard to private bills, M. 296. Discharge of Orders : An order may be read and discharged, 71, M. 244. Disobedience to orders ; Publishing incorrect debates, matters expunged from Journals, &c., punished as a breach of privileges, M. 78, 82. f 76 INDEX. Disorder : If it arise in Committee of the Whole, Speaker resumes the Chair, 137, M. 304. See Noise and Disturbance, Difiqualljication of Members i ^ See Members of the Legislative Council, Dissolution of Parliament : Power of Governor to dissolve, (Union Act 3 & 4 V. c. 35, s. 30), M. 46. A Parliament can only last four years from return of writs (Ibid. s. 31). Does not determine certain Bills of Divorce, M. G13. Divisions : If the Speaker's opinion, that the " Contents " or " Non- Contenta " have it, be not accjuiesced in, a division ensues, 126, M. 234,235. M^^robers speaking to a point of order referred to Speaker, during a division, remain seated, 88, M. 235, 251. No Member entitled to vote, except if pre- sent when question was put, 124, M. 280, 281. Every member present must vote, 125, M. 281, 282, 283. Unless excused (1 J. A. 197). Voices of members determine their votes, M. 235. Not so in United States Congress, where a member may change his vote as often as he pleases, before the decision is an- nounced. (Gushing, No. 1497.) (10 J. A. 352.) Any two members may ask for the yeas and nays, 74, M. 286, 287, 291. How taken, 75, M. 286. On equality of votes, Speaker gives a casting vote, 120, M. 288, 289, 290. (1 J. A. 40, No. 8.) (14 J. C. 238.) (4 J. A. 220.) His reasons may be entered in the Journals, M. lb. (1 J. A. 40, No. 8.) American practice, no division, unless one-fifth of a quorum second the motion, M. 287.«> (Gushing, 164, 166, 579.) Mem- bers not entitled to vote, if personally interested, 127, M. 294, 295. (14 J. A. 679). Are personalis/ interested, when in- corporated for commercial purposes, (I J. A. 46. Rule 74.) Divisions in Committees of the Whole are taken as in the House, M. 291, 300, 302. In Select Committees, M. 311, 317. On private Lills, 155, M. 563, 565. During a division, INDEX. 77 isutnes ^ c. 85, t years certain ■ " Non- ensues, of order ,ted, 88, if pre- Every Unless Speaker cannot leave chair, though it be six o'clock. (3 Hansard, xc. 249.) Divorce Bills ; Notice to be given by applicant in Official Gazette and other papers, 298. Service of notice, how made, 299. Ex- emplification of proceedings of law courts required, 300, M. 611. Proof on oath of the payment of damages, 301. Time of second reading, 302. Notice thereof and copy of bill served on adverse party, 302. Attendance of petitioner at the bar, 303, M. G12. Witnesses to be heard, 804, M. 013. Counsels may be heard, 305. Services of summonses, 306. Witnesses refusing to obey, 307. Amount paid to clerk, 309 ; to printers, 308. Clause prohibiting offending party from marrying, struck out after second reading, M. 611. In unprovided cases, recourse had to usages of Lords, as laid down in McQueen's treatise, 310. See Bills, 2nd reading. For Proceedings in cases of Divorce (See 11 J. C. Index, Bill, No. 92.) Documentary Evidence : Documents on the table must be referred to a committee to be cited in report, M. 309. Lords give no authority to committees to send for papers and witnesses, M. 310. Documents, Proofs and Evidence : Required of the Assembly, 293 (13 J. C. 437). Door Keeper : Appointed by Governor (11 J. C. 33.) Doors of the House : Closed during prayers, 17. Opened when Speaker counts the House, 19, M. 199. See Closed Doors. Double Returns : Members relumed for two places, to make their election and a new writ ordered, M. 463, 464, 471 (1 J. A. 419). In cases of double returns, both Members withdraw, till right to seat is determined, M. 464, Dropped Motions : Motions are dropped when not seconded and no entry made in the minutes, 56, M. 22Q. ir i vtji 78 INDEX. 11 Dropped Orders and Notices : How dealt with, 47, M. 221, 225. Election Laws : The laws for the election of Members of the Assembly are applicable to Legislative Councillors (19, 20 V. c. 140, 8. 13. Election of Members : See Constitution of the House. Election 1 --j '''ons : To be in conformity with the Election Petitions' Act, 224 (14, 15 V. c. 1, s. 1 to 10). Elections : IIow held and determined in England, M. 36, 51, 54, 55. Writs for periodical elections of Councillors issue every second year, on or before first September, and are returnable first Tuesday in November (19, 20 V. 140, a. 8, 9). Accidental elections, not proceeded with, when within three months of periodical elections (lb. s. 24). Powers of Speaker, Council and Members in that respect, same as those of iissembly (lb. s. 23). Elections, Cotit rover ted : Controverted elections are tried and determined under 14. 15 V. c. 1, as amended by 20 V. c. 23. See Index to Statutes, v. Controverted Elections. Elective Franchise : See Qualijication of Voters. Elective Members : See Members of the Legislative CounciL Electoral lyivisions : Constituted 19 & 20 V. c. 140, s. I, 17. Grouping of Divisions (lb. s. 18). Proclamation making known the order in which each group is to return members, 330. See Canada Gazette, 16th July, 185C, pp. 3, 4. For the countioa contained in eacli division, see Statutes of 1856, p. 689, schedule A. \ OVV'l INDEX. 79 Electors : Same as tho^e of the Assembly (19, 20 V. 140, s. 12). Entering and leav'mg the Houae : Members to make au obeisance to the Throno, and make and receive salutations, 38, M. 272. Equality of Votes : See Casting Vote. Estimates, Annual : When to be presented, M. 43'li. Evidence : Taken before a select committee not to be published until reported, 264, Jil. 319. Publication treated as a breach of privilege, M. 81, 319. Evidence reported from time to time, 160, M. 320. Evidence not reported, ordered to be laid before the House, M. 321. Privileges extended to per- sons giving evidence, 178, M. 141, 144, 332. Eulae evi- dence, breach of privilege, 177, M. 331. Evidence some- times printed at the expense of the parties, M. 580. Some- times required of the Assembly, 293 (13 J. 0. 437). Evi- dence in cas3 of divorce bills, 304, M. 61.3. Examination of H^iinesses : At the bar 168, M. 328, 323 (U J. C. 341) (1 J. A. 330 et seq ) Before Select Committees, 168, M. 329, 332. See Witnesses. Exception taken to words : In the House, 109, M. 266. In Committee of the Whole, are ordered to be taken down aau reported to the House, 110, M.271. Executive Councillors : See Members of the Executive Council, Expedition : See Unusual Expedition. Expenses of Witnesses : By whom defrayed, M. 334, 335. See Witnesses. m 'Hi if J! m iv' 80 INDEX. '1 Expiring Laws : Law Clerk's report presented at the commencement of every session, 9 (14 J. C. 22). Explanations : A member who has already spoken may explain, 97. Eules concerning explanations, M. 257, 258, 261. Expulsion of Members : Does not disqualify for re-election, M. 54!. Bouc expelled (J. Ass. of L. C. of 1800, pp. 76 et seq. Again in 1801, lb. 78. Disqualified in 1802, by 42 Geo. III. c. 7. Christie expelled, J. Ass. L. C. of 1829, j}^. 493 et seq. ; of 1831, p. 21. False Evidence : Breach of privilege, 177, M. 331. See Perjury. Fees on Private Bills : Their nature, M. 621. "When paid, 285, 309. Remitted under special circumstances (15 J. C. 129). (15 J. A. 380> 422). Eemitted on a divorce bill in 1851, M. 618, 622. Fines : Imposed by the Lordo, M. 92. First Beading of Bills : Takes place immediately after presentation, without ameudment or debate, 243, 244, M. 369, 549. Forger// of Signatures to Petitions : A breach of privilege, M. 404. Formal Proofs : (Private Bills). The agent produces a written statement of proofs, show- ing that all the standing orders have been complied with, and the name of every witness opposite each proof, M. 529. Franchise : See Qunlif cation of Voters. Fraud : A breach of privilege, M. 404. Free Conferences : Desired after two conferences, to discuss the matter in INDEX. 81 debate, 202, M. 344 (5 J. A. 343.) (5 J. C. 218.) Special report (lb. 219.) Friday Adjournments : House does not usually sit on Saturday, 25. When it is required, the House is moved therefor on a previous day, 26, M. 200 (14 J. C. 334). Front Desks : Reserved for Executive Councillors, 39., M. 190, 191. Galleries of the House : A member may require the galleries to be cleared of stran- gers, 31, M. 214 215 (1 J. A. 41, No. 19). (13 J. C. 153.) Gazette : See Official Gazette. Gentleman Usher : See Black Rod. Government Orders : May be placed at the head of the list on Government days, 46, M. 220. Governor. His Excellency the Governor General : Administers the Government with the advice and consent of the Executive, or alone, and in conformity -with Her ]\fajesty's Orders (Union Act, 3, 4 V. c 35, s. 45, 59.) Directs Assembly to choose a Speaker, 2. Grants their rights and opens the Session, 3 (13 J. C. 12, 13, 14). Gives Royal Assent to bills during the Session (Ibid 49) ; or at its close (Ibid 580) ; and at its close delivers a speech from the throne, 14 (Ibid 582). Consents to the introduction of matters relating to money bills (S J. A. 95, 14:^)); or to bills aftecting the Koyal prerogative (8 J. A, 348). Grants leave of absence to life members (13 J. C. 25, 41). See Memhers of the Legislative Council. Accounts and Papers, Addresses and Messayes. Grants nf Public Monies : Must be recommended by Governor, 320 (8 J. A. 95, 143). m .;;r II m t I J) I 1 1 "IWWBI. IB INDEX. Hostile Meeting : The House will interfere to prevent the prosecution of any quarrel, 114. Between two members of Assembly pre- vented (8 J. A. 88). Assault by one member on another (10 J. A. 192, 193). Home cleared of Strangers, 31, M. 214, 215 (1 J. A. 41, No. 19) (13 J. C. 153). . Illness, Absence or Resignation of Speaker : House adjourns from day to day, 123, M. 203, 204. See Speaker of the Legislative Council. Imprisonment : A punishment inflicted by both Houses, M. 92 et seq. Lords commit even beyond duration ot a Session, M. 93. See Commitment — Jail. Indemnity to Members : Act of 1849, 12 V. c. 33, granting 4 dollars per diem and 6d. per mile going and returning. When a recess or ad- journment is for more than four weeks, no indemnity is al- lowed, but mileage is paid. (Resolution, Assembly, 11 J. A. 451). Respecting mileage (Ibid 604). Indemnity in- creased two dollars per diem, by a sesvsional vote of Assembly since 1854. Resolution of Assembly on indemnity to Councillors (11 J. A. 825, 1080, No. 17). Indemnity of a Member seized. Report thereon. iS'ee J. Ass. L. C. 1835-G, pp. 406, 416. Independence of Parliament : Laws relating to members of Assembly applicable to Elective Councillors (19, 20 V. c. 140, s. 21). 20 V. c. 22. See Members of the Legislative Council. Indorsement of Bills : Several modes explained, M. 387. Imperfect indorse- ments, M. 396, 397. By the clerk at each reading, 281, (1 J. A. 44, Nos. 56, 57). Inquiries by Members : See Questions put by Members. ^ INDEX. 83 Instructions : Are moved after the order for putting the House in committee is read, 166; aud should be a distinct motion, M. 374. Instructions authorize committees to consider matters not originally committed to them, 164, W. 301 (9, 10 J. A. 198, 217). An instruction to a select committee extends or restricts the order of reference, 167, M. 606. Insults to Members : How punished, M. 85, 86. Eeporter reprimanded for insulting a member (9 J. A. 160, 1G4.) See Challenge, Interest : See Personal Interest. Interruption of Debates, M. 273, 275. See Debates. Introduction of Members : Forms observed, 1, M. 173, 186. They are introduced between two members and take and subscribe the oath (15 J. C. 21, 22). Italics in Bills : Called blanks, are not filled up, 261, M. 368. Jail : Persons committed to jail (13 J. A. 661 et seq) Es- capa of a party (lb. 666). See Index Assembly, vol. 13, v. Jail. Joint Addresses : See J..^dresses, Joint. Joint Committees : See Committees, Joint. Journals of the House : Legal character of the Journals of the Lord:?, M. 208, 211. Journals of the House are printed daily as njinutes of pro- ceedings, 30 (l,'> J. C. 87, 88) ; and afterwards revised and bound as Joiirniils, 322- A copy of the minutes, certified III m m 84 INDEX. ■■■ |i i' I' '' by the clerk, is transmitted daily to His Excellency, 321. Journals are annually transmitted to different Legislatures, Judges, Law Societies, 323. A committee is appointed to peruse and perfect them, 6. Proceedings of committees of the whole not entered in the Journals, They are entered in the Commons since 1829 ; but not in the Lords, M. 308. Judges : Are introduced by the Black rod and are seated within the bar, when called as witnesses, 185, M. 333, 334. They receive copies of the Journals, 323. Judicature of Parliament ; Bills of attainder and pains and penalties, M. 47, 50> 498, 510 (10 J. C. 378, No. 36). Laiv Clerk : His report on expiring laws presented at the commence- ment of each Session, 9. ILaws of Canada : Transmitted to different Legislatures, 324. of the American Union (15 J. C. 277, 278). And States Leave of Absence : Granted on account of ill health of members (1 J. A. 167) ; of illness or death of near relations (3 J. A. 152). (8 J. A. 160.) Urgent business or other sufficient cause, 33 M. 192, 193, 196 (1 J. A. 189). Public business (1 J. A. 453). To appear in court as witnesses (4 J. A. 233). No reason assigned (2 J. A. 14). Clerk assistant refused leave to attend court (4 J. C. 151, 152). Refused to a member (5 J. C. 105). Leave of absence by Governor to clerk of the House (4 J. C. 26). Rlembers are excused from all service during leave, 34. Jjcave forfeited by attendance, M. 196. Absi^ut lords liave been punished by fine and imprisonment, M. 193, 194 Legislative Assembly : See Members of the Legislative Assembhj, Legislative Council : See Members of the Legislaiivs Council. T INDEX. 85 Letters Patent : To be attached to private bills, 280, M. 572, 600, 604. (15 J. C. 562;. Librarian : Eeporta on the state of the library at each Session, 8. Keeps a catalogue of the books, 326. Is furnished with public documents for exchange with United States, 325 (15 J. 0. 277, 278). Library : Joint library established in 1850, and joint committee appointed (9 J. C. 58, 61). During Session, access had orly on written orders of Speakers (11 J. C. 403). System of exchange established (11 J. C. 602). Extended (14 J. C. 289). (15 J. C. 277 et seq.) Donations acknowledged by librarians on ordinary occasions (13 J. 0. 190). Clerk furnishes librarian with Sessional papers for exchange, 325 (15 J. C. 279). Lije Members : .Set' Members of the Legislative Council. Mace : The mace is laid under the table when the Speaker leaves the chair, 131, M. 299. Borne before the Speaker by the Sergeant-at-arms, M. 203. Managers of Conferences : Nominated, 198. Assembly appoint double the number, 199. They come first to the conference, 204. Duty of managers, 200, M. 342, 344. See Conferences. Masters in Chancery : Their duties generally performed by the clerk (or clerks) since the resolution of both Houses of the 14th May, 1857, 186 (15 J. C. 224, 316). Meeting oj he House : Hour of meeting, 3 o'clock, 10, M. 197. Unless changed by special motion (14 .T. C. 334). Does not meet on Sat- urday, but may be specially adjourned to that day, 25, 26. 11 r)*i ■■4/ ■^ !'1»! ■im 'f 86 INDEX. fit Meeting of Parliament : Proceedings on meeting of a new Parliament, 1,2, 3. M, 171. Meets once, at least, in twelve mouths, (Union Act, 3, 4, v., c. 35, s. 31.) Members of the Executive Council : Front seats on right hand of Speaker reserved to them, 39, M. 190, 191. Conduct Government measures, as re- sponsible advisers (1 J. A. 481 ; see Appendix B B). Reply- to questions in regard to Government matters, 93 et seq. M. 256. "Wait on his Excellency to know when ho will receive addresses, 211 (11 J.O. 553. Answer, 557.) Pre- sent addresses (9 J. C. 30.) Are bearers of messages, 190, 191 (9 J. C. 35.) Signify His Excellency's consent to certain measures (8 J. A. 348.) Members of the Legislative Assembly : Are summoned at the bar of the Upper House at the opening, 2 3, and close of a Session, 12 (14 J. C. 15, 422), and also when Boyal assent is given to Bills (14 J. C. 205.) Are commanded to choose a Speaker, 2 (13 J. C. 12. Claim accustomed privileges through their Speaker, 3) (lb. 13), M. 56, 57. A message is sent to request their attend- ance before committees, 175 (13 J. C. 64 ; Answer, 69.) Have reserved seats in the Council chamber, 327 ; have seats within the bar, and are shown in by the Gentleman usher, when attending as witnesses, 185, M. 333. Bring up special messages to the Council, 188 (15 J. C. 578.) Members of the Legislative Council : Life Members were appointed in virtue of the Union Act, 3 and 4 Vic, c 35, s. 4 ; for life, s. 5, and confirmed in their seats by Act of 18.i6, 19 and 20 Vic, c. 140, s. 2. They vacate their seats by resignation, Union Act, s. 6 (4 J. C. 74), by absence during two successive sessions, without the leave of Her Majesty or the Governor signified to Council, s. 7 {See Absence of Members) ; by ceasing to be British sub- jects; by becoming insolvent, defaulters, convicted of felony, or of any other crime, s. 7. The question of a vacancy is tried by the Council, on reference by Governor, s. 8. They :-ii INDEX. 87 take and subscribe the oath of allegiance at the beginning of every Parliament, 1, M. 173, 178. Elective Members are elected in virtue of the above men- tioned Act of 1856. To be eligible, they must be British subjects, resident in Canada, of the full age of thirty years, 8. 4 ; possessed of a property qualification of the net value of two thousand pounds, and mus*" reside in their electoral division, or have their property qualification therein, s. 4. Respecting qualification in Imperial Parliament (see M. 31, 627 dispensed with in 1858.) They must be neither public defaulters, nor convicted of felony, or other crime, s. 5, nor members of the other House, s. 6. They are elected for eight years, s. 3, commencing on the day of the return of the writ, and ending on the day next before the return day of the writ of their successors, s. 15. They vacate their seats by resignation, s. 20 ; by losing their property qualifi- cation, s. 7 ; by becoming defaulters or bankrupts, s. 7 ; guilty of felony, high treason or other crime, s. 7 ; or by accepting a salaried office under G-overnment (20 Vic. c. 22, s. 6). They take and subscribe the oath of allegiance, before the Clerk, on taking their seats (19, 20 Vic. c. 140, s. 16). New Members are introduced at once as a matter of privilege, the Speaker stopping the debate (4 J. A. 296). All Members, on entering Council Chamber, make an obeisance to the Throne, and give and receive salutations, 38. They sit uncovered, and are not to discour.se during a debate, but go below the bar, 41. Nor can they pass between the chair and the Member speaking, nor between the chair and table, 40 ; nor depart from their places after voting, until some other business is entered upon, 72. The front seats on the right hand of the Throne are reserved to the Mem- bers who belong to the Executive Council, 39, M. 190, 191* Speaking : Rules in relation thereto, M. 260 et seq. Members address the other Members in general, 87, and are not to address the House twice, 97, unless rising to order, 100, to reply when moving a substantive motion, 99, or to explain, 97, or in a Committee of the whole, 97, M. 302 ; nor can they speak when there is no question before the House, except on some personal matter, with leave of the House, • If t % I m m w 88 INDEX. ' Off&imve Words: Against either House or a statute, 107. Or a member, 108. In committee, the words being taken down, the chair- man leaves the chair, reports progress, asks leave to sit again, and submits the words used, which are adjudicated upon, then the House is again put in committee, M. 271 (3 Hansard, oxzvi. 1207, 1209.) Offer of Money io Jif embers: A high crime and misdetteanor, M. 298. Officers of the House : List showing the amount of their salaries, and how they are paid (14, J. C. 320). Are not to appear before a com- mittee of the Assembly without leave from the Council, 174. The clerk is appointed by commission under the G-reat Seal, and takes an oath of office (9 J. G. 99). The clerks assist- ant and the law derk ate appointed by the House ; and the power of appointing to all other vacant offices in the gift of the House is \eBted in the Speaker. (16 J. G. 49.) Opening of a Parliainenti Proceedings thereat, 1, 2, 3, M. 171. Order: Quetitbns of ofdw iseterrupt or supersede a debate 64, M. 282. INOVX. W in caieB !68, 270, -■ >>■■• V member, bhe chair- ve to sit ijudicated >, M. 271 Lte 64, M. Order and Decorum I ' . ' .. r .^... ,« ,: Speaker required by the House to keep, 118, M, 202, 203. Order of Business : . • f ^ 1. I^vate business, with closed doors. 2. Presenting and reading petitions. 3. Kotiees. 4. Unopposed motions. 6. Beports from committees. 6. Orders of the day, and motions as set dovm, 48. Orders of the Day : Defined, 44, 45. Sessional resolutions in relation thereto, M. 220, 221. Motions &xe reading orders supersede questions, 61 M. 228. Speaker dii^cts derk to read orders without any question put, M. 220. They are disposed of in the order in which they stand on the book, exception with regard to Gt)yerment orders, 46, M . 220. Dropped orders are set down after the orders for the next day, 47, M' 221. Question for reading orders superseded by a motion of ad»i joumment, 63. Precedence of orders prescribed by standing orders, 45, M. 220, 221. Orders of the House : Disobedience thereto, a breads of privilege, M. 78. Orders may be read and discharged, 71. Orders and Resolutions: Standing And sessional orders, M. 170. Other orders, the duration of which is undetermined, are concluded by prorogation, but may be acted upon afterwards as declara- tory practice, M. 171. May be re8cind<)d and discharged, 71, M. 244. See Standing Orders. Pairs: System by which two members of opposite opinions agree to absent themselves, and not to vote on a question, or on any question for a day, a week, or even for months, M. 292, et seq. Practised in the Lords, M. 293. Papers : On motion for production, printing, &c., of papers, raem- i-^ mi- 94 INDIIX. «■■, < ■< . bers may discuss the subject (Bourke, 143). But not charge a minister with falsehood. (lb. 155.) Parliament: "*' Constitution of the Canadian Parliament (Union Act, 3, 4t V. c. 35.) (19, 20 V. c. 140.) See Constitution of the House. Four years, from date of return of writs for general elections constituve one Parliament, if not sooner dissolved (Union Act, s. 81). It must be convened once, at least, every twelve months (lb.) It may be held wherever and whenever it please the Governor. (lb. s. 80). The wishes and conve- nience of the Legislature are consulted in appointing the time of convening Parliament. (lb). (11 J. A. 750). How prorogued during recess, 15. Parliamentary Papers : See Accounts and Papers. Patents: \ See Letters Patent. > J Pecuniary Interest : See Personal Interest. Penalties : Rules of the Assembly respecting their agreement to amendments made by the Council, imposing penalties. (1 J. A. 43, No. 49). M. 428. Periodical Vacancies : See Vacancies. . Perjury : Palse evidence before the Lords liable to the penalties of pequry, M. 329. Personal Allusions : Member speaking not to refer to another by name, 87. Imputation of bad motives, misrepresenting language of another, charging him with falsehood or deceit, is unparlia- mentary, 108, 109, et seq. M. 267, 268, et seq. Personal Explanations : Allowed, though no quebtion before the Chair, but no debate allowed, 96, et seq. M. 257, 258. INDEX. 95 lot charge on Act, 3, ion of the or general • disBolved east, every I whenever and conve- linting the 50). How nreement to penalties. penalties of y name, 87. anguage of is unparlia- lair, but no Personal Interest : Disentitles a member to vote, 127, M. 294, 295* May withdraw his vote (18 J. A. 1178.) xi^ule in the Lords, M. 294. Vote of a subscriber to an undertaking disallowed, M.296. Member dispensed (I J. A. 197.) Same rule ap- plies to committees, M. 297. Members not to be engaged in management of private bills for pecuniary reward, M. 299. Persons, Papers, and Records : Power given in the Commons to send for them, M. 814. In the Legislative Qouncil, as in Lords, persons and papers are required by the Clerk of the Committee, and in case of refusal, an order is issued from the House, 156, M. 810. Petitions complaining of Members x '^- May be presented, M. 278. Petitions (Private Bills) : How presented in Imperial Parliament, M. 540^ 560. Must be presented within thirty days, not including holi- days, except by special leave, 231, and not received at all after thirtieth day, when affecting vested rights, .232. Pexition must be presented for a private bill, 282, M. 541. Petition must be referred and reported upon before bringing in the bill, 234. Petitions complaining of non-compliance with S. orders in the Lords, M. 595. Or against Bills, M. 600, 609. Petitions for divorce bills, not received after thirtieth day, 235, M. 611. Not usual to present peti- tions against private bills on secoud reading, M. 612. Time for receiving petitions for private bills may be extended, on notice and motion, 233. Petitions, Public : To be fairly written or printed, 216. To contain a prayer, 217, M. 402, 403. To have one signature, if written, and three, if printed, on the skin or paper containing it, 218, M. 403 (13 J. C. 86.) Seals of corporations to be attached, 219. No letters or affidavits, «&c. to be attached to peti- tions, 220, M. 403 (9 J. A. 219). No reference to de- bates, 221. Forgery of signature a breach of privilege. 4' 96 tMDfiX. I J'. i!'. ,(,■?■ i-:-^ M. 404. Members presenting petitions, to affix tlieir names, 222, M. 410, and see if they are in conformity with the rules, 228. Members not to present their own peti- tions, 226, M. 407. On presenting, they merely state the contents and prayer, 227. No debates allowed, but petition may be read, 229, M. 407, 408, except when complaining of personal grievances, 230. Debates allowed on presenting petitions in the House of Lords, M. 407. Few petitions are addressed to the Lords, M. 407, 408. Petitions are laid on the table and are read and received two days after, 228 (15 J. C. 87, 88). Bight of petitioning, M. 899. Present practice, M. 402. Petitions intended for last parliament not received, M. 402, n. 4. Placet of Members : A member may secure a seat at prayers, 87. (16 J. C. 67). Executive Councillors occupy the front seats, 89, M. 190, 191. ' • ■^• Po9t Office'. Established in 1856, in Legislative Council, for the use of members. Pottage : Of letters and papers to and from members, and the clerk, is free during the session (,18 V. c. 79, s. 4, 5.) (20 Y. c.26.) Prayers : Bead daily by Ch^lain, 17, M. 173. Forms of prayers for the Parliament (6 J. 0. 234). Proceedings of cominit- tees void after prayers, 159, M. 318. Preambles ; Of public bills, considered last, 263, M. 376, 378. Of private bills, first proved, M. 575. Proceedings on pre- amble, M. 581, 583, 584. Adoption, or amendment, or rejection of the same, to be supported by reasons, 289, 290. Previous Question : * : Explained, M. 229 (10 J. A. 190). Supersedes questions, 61. How put (14 J. A. 142). Carried in negative (Ibid). tunnX' 97 Postponed (Ibid 364, 875). Carried in the affirmative (1 J. A. 456). Can only be superseded or postponed by adjoom- ment, 68, M. 220, 280. (14 J. A. 864). Debate adjourned (lb. 875). An amendment clashing with previous question and moved first, must be withdravrn or disposed of before moving previous question, M. 242, 243. ^hen proposed after, the p. q. may be withdrawn. (lb). Previous question not admissible in committee, 184, M. 802, 877. (See Mr. Baldwin* g elaborate report thereon (10 J. A. 190). If re- solved in affirmative, original question put forthwith, without amendment or debate, 62, M. 229 (1 J. A. 466, 467). Printed Papers : Presentation, reference, distribution, and sale thereofi M. 414, 415. Recommendations to members moving for the same, M. 418. Printing Committee i Appointed at the commencement of each session, its func- tions, 6, 817, M. 414, 416. Documents referred, 818. Prieone: Keepers of prisons to bring up witnesses in their custody, 169, M. 322, 328. See Jails. Private Bills : Their definition, M. 511, «t seq. Their origin, M. 401. "Why they chiefly begin with the Commons, M. 516. Mo- dem legislation supersedes private bills by general laws, M. 516. Classes to which the standing orders of both Houses relate, {See Rules of Assembly ^ No. 67), M. 521. Eequirementa of stuiding orders before application to Parliament (15 J. A. 678), M. 522. IN'otices by advertisements to be pub- lished, 296, M. 523, 524. Care required in preparation of private bills, M. 525. Prepared and printed at the costs of the parties interested, 284, 286. Proof of compliance to orders required, 296, ^ 4, M. 526. Consent of parties, 288. Evidence received by examiners in Lords, M. 684. Bills not to be brought in, but upon petition, 282 ; and pe- tition to be first reported upon, 234, M. 541 et seq. Stand- 98 INDKX. iag orders ought not to be dispensed with, M. 546. Bills presented and printed with rates and tolls in italics, 261, M. 648, 649. First reading and proceedings before second reading, M. 649. Not received from the Assembly after the fortieth day of the session, 292. Not allowed to proceed in violation of standing orders, 240, M. 550. Second reading not to take place before the clerk reports all standing orders complied with, 283. Time for discussing principle, 247, M. 551, 612. To be committed to select committees, 287, M. 551, 552. And notice thereof posted up, 295. Unopposed bills, M. 553, 562, et seq. Substitution of members, 152 (14 J. C 356). Limits to amendments, M. 558. Absent members reported, ordered to attend, or relieved for good cause, M. 560. Petitions for or against private bills presented or withdrawn, M. 560. Orders relating to all committees, M. 565. Names of members attending entered on minutes, 154, M. 565. Com- mittees on opposed bills, M. 573, 574, 602. Proof of the preamble required, that the parties are of age, able and con- senting, 288, M. 575, 581, 585. Assembly may be requested to furnish evidence, 293. Witnesses are notified to attend by clerk ; when neglecting, an order issues from the House, 156, M. 324, 586. All bills to be reported and reasons stated when amended, 289; or not entertained, 290, M. 587. Committee may adjourn, 158, M. 318, 588. Amend- ments explained by chairman, who brings up with the report a copy of the bill, signed by him and the amendments writ- ten thereon, are authenticated with his initials, 291. Pro- ceedings on report, M. 590, 591. Certificate of Queen's Printer as to payment for 300 copies in each language, 285. Third reading, rules in relation thereto, 267, et seq. ; M. 592, et seq. See Bills, Public, 3rd reading. Private bills originating in the Lords, M. 594, 607, 608, 609, Lords' S. O. M. 597, 598, 599. Enumerated, M. 603, 605. Amended bills re-printed at the cost of parties, M. 588. Proceedings after third reading, 278, M. 607. Divorce bills (See Divorce Bills), M, 611, et seq. Naturalisation Bills, M. 612 (15 J. A. Index INDXX. m ' verb. Cha0e.) Fees payable on private bills, 285, M. 621. Remitted, M. 618, 622 (15 J. A. 681.) - Frivileges, Committee of: Appointed every session, and consisting of all members present or to be present, 5, See Lords S. O., p. 5, 47. Reports any vacancy wbich may have occurred since the last session, 10 (15 J. 0. 66, 67, 80, 81, 90.) Primlegee of Parliament : General view of those privileges and Speaker of Assembly's claim thereto, 3 M. 56, 176. Councillors have free access to . Governor, M. 59. Assembly obtain freedom of access, M. 58. Privileges of each House collectively, M. 59. Power of commitment, M. 61, 62. Denied to Colonial Legislatures by Privy Council. Protection to officers, M. 63. Prisoners * cannot be bailed, M. 71. Offer of bribes, M. 88. Persons committed by Speaker, M. 89. See Speaker of the Legisla- tive Council. Committee of privileges, 5, M. 90. See euprd. Offences committed in a former session may be punished, M. 91. Questions of privilege require no previous notice, 54, M. 223. May interrupt debates, M. 232. False evidence a breach of privilege, 177> M. 331. Proceedings in Committees : Not noticed until reported, 264, M. 878. Proclamations : For proroguing and convening Parliament, M, 44. be entered on the Journals (1 J. C. 171.) To Proofs, Documents, and Evidence : Assembly may be requested to furnish evidence, &c., on which bills are founded, 293 (13 J. C. 437.) Property Qualification : See Qualification of Members. Prorogation of Parliament : At the end of a session, when all the bills have been assented to and His Excellency's Speech delivered, the Speaker of the Council signifies that Parliament is prorogued to a certain period w IMDBX. I I'l (40 dajs from date), 12, 15. During t\e recess a pro- clamation issues every forty days, further proroguing Parlia- ment until convened for despatch of business, tufficient notice thertof being given, 15 (3 and 4 V., c. 85, s. 30). Ef- fects of prorogation, M. 43, 44. Imprisonment concluded by prorogation, M. 07 ; but »ee Itnprieonment. Does not conclude proceedings of an election committee, M. 402 (14 and 15 V., c. 1, s. 05.) Nor upon an impeachment, M. 504. Nor on a bill of divorce in certain cases, M. 618. Protest*: Right of protesting effete, since the names of movers and seconders and the Yeas and Nays are entered on the Journals, 74, 75 (15 J. C. 81.) M. 286. Punishments Inflicted : By the Lords 404 Coingnops, their nature and duration, • M.03. Qualification of Members : Life Councillors require no property qualification, but vacate their seats by resignation, bankruptcy, absence; by leasing to be British subjects, and by being convicted of crime. See Members of the Legislative Council. Elective Councillors require a property qualification of two thousand pounds. See Ibid. Of Electors : Same as the qualification of the electors of the Assembly, (10, 20 v., c. 140. s. 12.) For qualifications, see 12 V., c. 27, s. 30, et seq. ; also, 16 Y., c. 162, s. 1 et seq. i also, 22 v., c. 82, s. 2. Quarrels : The House interferes in quarrels between Members, 114, M. 268 (8 J. A. 88.) Queen, Her Majesty the : See Addresses. Questions: Every matter determined upon by question, M. 218. Question proposed only when a motion has been made and 11^ I If' %A INDKX. 101 B^conded, 66, M. 226. No Mnnb«!r can speak after a question put, 89. Except to order and then sitting, 88. Must always speak to question, 92, M. 206. Not to speak twice to same question, 07. Unless rising to order, 100. To reply, when moving a substantiTe motion, 09. Or to explain, 06. Question» superseded'. By adjournment, 61, M. 227. By reading orders of the day, 61, M. 228. By previous ques- tion, 61, M, 220. By being withdrawn, 67. By amend- ments, M. 280. See Jmendments to Queations. Questions interrupted, M. 232. 1. By a matter of privilege. 2. By words of heat. 3. By a question of order; by a special message. 4. By reading matter relevant to question, 64. Complicated questions may be divided, 65, M. 23.3. Mem- bers may not change their opinions in Imperial Parliament, M. 236. Though contrary to an ancient rule, M. 236. Member allowed in Assembly, special case (10 J. A. 861, 862.) Various forms of amendment, M. 236, 243. Same question not offered twice in a session, 60. (3 Hansard, Iv. 653.) Unless withdrawn, 68, M. 246. Members not to vote if absent when question put, 124, M. 280. Precedents, M. 280, 281. The question is put by Speaker, and if not heard, repeated, 66, M. 236. Is resolved by majority of voices, "content," or "not content," 67, M. 235. QueatioM put by Membera : To ministers and other members, relating to public affoirB, 03. No argument is to taike place, 04. Nor in answering, 05, K. 266. Cannot be put when answer is to involve an expression of opinion (3 Hansard, xcv. 069.) And must re- late to measures before the House, if addressed to a private member (3 Hansard, cix. 235.) Quorum: In the Lords, three, and in the Council, tisn members, in- cluding Speaker, constitute quorum, 10, 140, M. 106 (3, 4 V . o« 86, 8. 10.) Speaker may iidjoum for want of a quorum, at thirty minutes after the hour of meeting, 10. The House may continue its business although there be no quorum, 20. When notice is taken thereof, Speaker adjourns, 21. Or wftits until the expiration of the thirty minutes, 22, M. 102 INDEX. I^f^ !8. ^t. t '\il \-^V- ir< 198, 199. If notice of want of a quorum be taken in a committee of the whole, Speaker resumes the chair, 140. If there be then ten members, the House is again put in Committee, 141, M. 805, 306. Quorum in Lord.^* select committees, M. 313. On private bills, M. 559, 560. Speak- er of Assembly is not to adjourn for want of a quorum when a message is received from His Excellency for the attend- ance of the Assembly in the CouncU Chamber, M. 198, 199. Reading Newspapers, ^c : Forbidden in the House, M. 272. Seasons : For disagreeing to amendments may be communicated by message, 195, M. 341. See Amendments — Conferences. Recommendation of the Queen's Representative : How and when signified, M, 352, 432 (14 J. A. 223, 266, 337.) No money bill passed in the Council, unless recom- mended by the ci'own, 320. Religion : Bills relating to religion must originate in a committee of the whole House, 237, M. 364, 365. Not received, when interfering with peaceable exercise of any man's religion, 236. (Eoyal Inst., 6 J. 0. 228.) Replies in Debate : Allowed to mover of substantive motion, or distinct ques- tion, but not to mover of any order of the day, iustruction or amendment, 99, M. 259. Reports : Of committees of the whole, M. 307. Proceedings in committees not to be noticed until reported, 264, M. 378. Eeport of progress, 265, M. 379. Report of bill ; when with amendments, they are received without debate and fixed for consideration, 266, M. 379, 380. Of private bills, M. 684, 588. All bills to be reported, M . 587, 588. Interval be- tween report and consideration of bill, M. 589, 590. Re- port may be reconsidered, M. 590. Or recommitted, 270, M. 591. Report in the Lords, M. 615. Publication of a INDEX. 103 report of a select committee, before it is presented, is a breach of privilege, 264, M. 81, 320. Reporters : Their presence in the House virtually recognized, M. 80. Eerorter reprimanded, (9 J. A. 160, 164.) Reprimanded : 8se Admonished by Speaker* Rescinding resolutions : See Resolutions. Reserved bills: Not to be in forco until Her Majesty's assent be made knoven by G-ovemor*b message, speech, or proclamation, which are entered in the Journals (Union Act, 3, 4 V. c. 35, s. 39.) Resignation of Members : See Members of the Legislative Council. Of Speaker : See Speaker of the Legislative Council. Resolutions : Or other vote, may be read and rescinded, 70, M. 244. Resolutions expunged the day they were passed (6 J. C. 41.) Not parliamentary (3 Hansard, cxxxviii. 1307.) Difficulty of rescinding a negative vote, M. 245. Resolutions re- ported from a committee of the whole House, 146, M. 307. Communicated by one House to the other, M. 339 (5 J. C. 55.) In the nature of instructions, M. 374. Retiring allowances : To John Bright, Messen-;er, (4 J. C. 174.) To Col. Titz- gibbon, (5 J. C. 134.) Objected to by Q-overnor. lb. 183. House insists. lb. 187, 199, 205. His Excellency accedes to their prayer. lb. 211. Granted to Thomas Brooke, Door-keeper, (10 J. C. 119.) Returns : Amended by the Clerk of the Crown, M. 186, 456. (15. J. C. 30.) See Accounts and Papers. 104 INDEX. i. Ml. m i 's' I'ir Hi Riders to bilh : Discontinued, M. 383, n. (Bourke, 228 f). Royal Assent to Bilh: How siguified in Imperial Parliament, M. 387, 388, 389. Here 12, 14. When given by mistake, requires a declaratory Act, M. 399. Also, where any irregularity has occurred, by either House not having passed it, or adopted amendments made to it, M. 396, 397 (14 J. C. 182. See Report of the Committee.) Supply bills handed to the clerk of the Upper House, by the Speaker of the Assembly, for the Royal assent, after he has addressed his Excellency, 14, M . 216, 391, 448. May be disallowed within two years (Union Act 3-4 V. c. 35, 8. 38.) Royal Pleasure X Bills reserved for the signification of Her Majesty's royal pleasure, 13. See Reserved Bills. Royal Prerogative. Bills aflFecting royal prerogative not to be brought in with- out the consent of Her Majesty's representative, 238 (10, J. C. 378, No. 36). Governor requested to use Her Majesty's prerogative and to bring in a bill for general pardon. Resolu- tion therefor (I J. A. 304, 456). His Excellency's answer (J&, 488). Bill presented (8, J. C. 34, 37, 60). Salutations : On entering Council Chamber, members give and receive salutations, 38. M. 271, 272. Saturday : The House does not sit generally, 25, M. 200. When re- quired, the House is moved specially, 26. Leave to com- mittees to sit on, M. 319. See Adjournment of the House. Schedules . And clauses of which notice has been given may be added to bills after third reading, 269, M. 382 (I, J. A. 465). Seats in the House. See Places of Members. INDEX. 105 Seats vacated or forfeited. See Conatitution of the Howe. Second reading of bills : Public, M. 369, 373. Private, in Commons, M. 549, 551. Lords, M. 601, 612. Ordered for a future day, 245 (14 J. C. 105). (15 J. A. 74.) Exception, 276. Principle debated on second reading, 24/. Question for second reading being put, 248. Amendments may be moved, 249. Must be strictly relevant, 250. When read, it is referred to a Select —or to a Committee of the Whole, 251. Secret Committeee : Their character, M. 317. Of both Houses, communicating with each other, M. 346. Select Committees. See Committees, select. ^erjeant-at'Arms : Appointed by Governor (1 J. C. 54, 117). Attends the Speaker with the Mace, M. 206. Takes strangers in custody when infringing the rules, 28. Serves summonses in cases of Divorce, 306. Servants or Messengers : Appointed by Speaker (7 J. C. 59). (14 J. C. 190.) (16 J. C. 49). Sessional Orders: Their nature, M. 170. Speaker of the Legislative Assembly : Elected by Assembly and claims their privileges, 3, M. 56, 172, 174, 176. At the close of the Session presents money bills for Royal assent, and addresses His Excellency, 14, M. 391, 448. Reads one version, when joint addresses are presented by both Houses, 212. Leave of absence granted to Speaker (5 J. A. 83). Speaker ad interim appointed (5 J. A. 83). (5 J. C. 54.) Speaker may absent himself during a sitting, and call on a Member to take his place (19 V. c. 41, s. 1). lOS INOKX* ii \W ii* 1 \i'i' [ -ili s Speaker of the Legislative Council : Appointed by Governor (3, 4 V, c» 36, 8. 9; 19, 20 V. c. 140, s. 26). Takes the oath at the beginning of a new Parliament, 1, and resigns his place when ceasing jbo be a member of the Government. His oommission is read and entered in the Journals (14 J. C. 204). Speaker counts the Hnuse thirty minutes after prayers, and adjourns if th?re be no quorum, 19, M. 199 (11 J. C. HQ). Galls each order of th« routine business without putting question, M. 220. Names the Member < ho is to speak, when more than one rises, 90. Subject to an apped, 91, M. 253, 254. Keeps order and decorum, 118, M. 259,260. Calls on Members making a noise, 115 (1 1 J. A. 126). M. 273. Admonishes persons when required by the House (5 J. A. 141, 157). Commits Members or others, M. 89. See Challenge. Ap- points to certain offices. See Officers of the House. Gives a casting voice and may give his reasons therefor, 120 (15 J. C. 95, 124) M. 288, 290. Reads messages from His Ex- cellency, 190. Puts the question and repeats it, if necessary, 66, M. 234. States whether "contents" or "not contents" have it, 68, 126. Calls for the yeas and nays, in cases of doubt, 126. Receives at the bar messages brought up by Members of the Assembly, 188, M. 338. Reads joint ad- dresses, 212, M. 357. Refuses a motion of adjournment from a member who has spoken to the question, M. 279. Objects to informal motions (9 J. A. 281). (10 J. A. 154). His decision may be overruled (3 J. A. 187). The Speaker takes the Chair of the Committee when the House is put in Committee of Privileges, 5. Names Chair- man of Committee of the Whole, 130. Leaves the Chair at 6 o'clock, 23 ; at the hour appointed for a conference, 203, or when the House is put in Committee, 130. Resumes the Chair when managers, or messengers, from the Assembly are announced during a Committee of the Whole, 139, 188, M. 304 ; in cases of sudden disorder, 137, M. 304, or for want of a quorum, 140 M. 305, 306. During the absence of Speaker, or during a vacancy, the House adjourns from day to day, 123, M. 204, 205 (3 J. C. 75, 76.) (5 J. A. 260.) Speaker ought not to take part in i- Tm »JDEX. 107 9, 20 V. )f a new to be a read and junta the there be I order of M. 220. than one . Keeps Members Imonishes 41, 157). ige. Ap- e. Gives , 120 (15 a His Ex- necessary, contents " L cases of ht up by joint ad- ournment M. 279. A. 154). ■when the les Chair- the Chair onference, Resumes Assembly 139, 188, 4, or for ancy, the (3 J. C. ke part in the debates, 120 M. 290 n. (1 J. A. 40, No. 8). He stands uncovered when addressing the House and explains points of order, 121. When he rises during a debate. Member speaking sits down, 122, M. 277. If leaving thfe House throng ill- ness during a debate, the House is adjourned, 123, M. 205, 204 (5 J. A. 260). Must on no account leave the Chair during a division, 23 (3 Hansard, xc. 249). May be called upon to give his opinion whilst the House is in Committee, M, 304 (3 Hansard, Ixxi. 294). Speakership : May be accepted by an Elective Member without vacating his seat. (19, 20 V. c. 140, s. 22.) (20 V. c. 22, s. 15.) Speaking to Question : Members must always speak to question, 92, M. 255. On motion of adjournment, a member may address the House on some other subject, M. 255 (3 Hansard, Ixii, 153, 174.) (Ibid. 219.) When a member has been allowed to discuss an extraneous subject, those who follow are not prevented from doing so (3 Hansard, xcix. 6.) Speech from the Throne ; At the opening of the session, 2. Ileported, 4. Taken into consideration, 7 M. 42, 186. At its ciose, 14* Standing Orders : Their character and operation, M. 170. Suspended to en- able bills to pass with unusual speed, 276, M. 394 (11 J. C. 642). Requirements of Standing Orders In regard to private bills. Mo 522. Their similarity in both houses, M. 522. Their suspension, 276, M. 616. See Private Bills. States of America : See United /States. Statutes : Offensive words agunst a statute not pei^mitted, el:tept when moving for its repeal, l07, M. 267. Strangers : Taken into custody, if intruding> or for miscondi.ct., 28, M. 77* May be excluded on application of one member, 31, 108 INDEX. M. 214, 215, 281. Not to be brought within the House, 29. Not to enter committee rooms, 150, M. 314, 345. Supplies and Ways and Means •* It is unparliamentary to tack to a bill of supply a clause foreign thereto, 319, M. 430 (14 J. C. 414, 415.) No money bill entertained by Council, unless recommended by the Governor, 320, M. 431, 432. Tacks to Money Bills : Not allowed — See Supplies. Tampering with Witnesses : Penalty a high crime and misdemeanor, 176, M. 138, et seq. 144. Temporary Laws : Their duration to be expressed in a distinct clause, 277, M. 384. Thanks of the House : Motions therefor entitled tc precedence, M. 223, 224. Third Reading of Bills : Proceedings thereon, 271 and seq. M. 379, 380, 382, 383. Of private bills, M. 591, 607, 615. See Bills, Public and also Private Bills. Threatening Members : A breach of privilege, M. 86. See Offensive Words : Trade : Bills relating to trade, originate in a Committee of the Whole, 239. Proceedings in Commons, M. 364, 366 ; in Lords, M. 600. Treating : During elections forbidden (12 V. c. 27, s. 57). United States of America: Laws and parliamentary papers exchanged with some of the United States, 325 (15 J. C. 277, 278.) INDBX. 109 Unopposed MotioM : Rules relative thereto, M. 223. Require no notice, 55. Usher of the Black Rod : See Black Rod. Vacancies : See Constitution — Members of the Legislative Council. Vacating Seats (Ibid). « Vote of thanks : Allowed precedence by courtesy, M. 223, 224. Voting in the House : See Divisions. Members of the Legislative Council. Wages of Members : See Indemnity of Members. Warrants : The Lords attach and commit persons by an order of the House, signed by the clerk or clerk assistant, and without any warrant, M. 77. Speaker's warrant for bringing up witnesses in custody, or for taking persons into custody, 169, M. 66, 77 y 164. Not necessary that the cause of commit- ment appear in the warrant, M. 76y 77. See Elections ; Divorce Bills. Ways and Means : See Supplies, Withdrawal : Of motions require unanimous consent, 57. Of private bills, when permitted and how eflfected, M. 549, 558. Witnesses : How brought up when in custody, 169, M. 322. "Wit- nesses are summoned by an order signed by the Clerk, to be examined at the bar or before a select committee, 1 68, M. 322 ; or in latter case they are written to by the Committee Clerk to appear, 156, M. 310. When neglecting to attend an order of the House issues, signed by the Clerk, 168, M. 310, 110 INDBS. 322. They are reprimanded or punished for their negleot, ISh. Members of the House are ordered to attend in their places to be examined, 170. When required before a Select Committee they are written to by Chairman, 171« And reported when neglecting to attend, 172. Statements made or evidence given in Parliament, not actionable, 178, M. 144. Fdse evidence in the Lords, perjury, M. 329. In Commons, breach of privilege, M. 81, 331. In the Council, 177. Speaker examines witnesses, and members and counsels put questions through Speaker, 181, M. 333. Lords put ques- tions directly to witnesses, M. 328, 329. This practice tole- rated in Commons, M. 332, 333. The questionp «re in writing, and read by the clerk assistant, 182. Members* names affixed to questions put by them, 153 (11 J. A. 295 and seq.) Expenses of witnrises, M. 334, 335. In Assembly witnesses receive two dollar i per diem, with reasonable ex- penses (3 J. A. 179). Members of the Assembly required as witnesses are requested to attend by message, 175 (13 J. C. 64. Ans. 69.) Punishment for tampering with witnesses, 176. No clerk or short-hand writer to give evidence else- where without leave, 179, M. 332. In case of difficulty the witness is ordered to withdraw, 183. Words of Heat: Interrupt debates, M. 232. Kules concerning objection- able words, 108 et seq., M. 259, 260, 268, 270, 271. See Offensive Words. \\ < Writs of Election: Powers of the House to issue writs, M. 54, 452, 453. Not to issue while returns may be questioned, M. 453. Nor until the report of the Committee, though the member may have resigned and the petitioners withdrawn their contesta- tion (14 J. A. 1.) Issue of writs frequently suspended by Government on account of bribery and corruption, M. 490. \ j Writs of Prorogation : Described, M. 216. \ INDEX. 1 1 1 TTrits of Summotis. . Manner of summoning Parliament by writ, M. 41. Written Preamble : Motions with a written preamble, not received, 60 (I. J. A. 43, Rule 44). (9 J. A. 239, 242). Teas and Nays : Two members may require the names of members voting for or against a question to be taken down, 74 (16 J. C. 31). How the yeas and nays are taken down, 75, M. 286, 287. lOVELt AND GIBSON, PEINTEES, TOBONTO. ■*